Wednesday, July 31, 2019
Case Study: Performance Management at Intermountain Healthcare
Kuan-Chung (Bill) Wu HPM540: Professor Kamke HPM540: Case Study 3: Performance Management at Intermountain Healthcare 1. What is your assessment of the Performance Management system developed at Intermountain Healthcare? ââ¬â The Performance Management (PM) system developed by Intermountain has become a model for many healthcare organizations. Intermountainââ¬â¢s PM system includes the following elements: 1) Identifying six most important performance criteria, 2) Developing goals for different groups within the organization, and 3) implementing the goals by creating an incentive compensation scheme.This PM system design has proven to be effective in many perspective, ranging from individual staff to administration and to the organization as a whole. First and most importantly, this PM system aligns Intermoutainââ¬â¢s mission and values/commitments to its employees and their performances. Their employees and administration do not just talk about their values, they live those values ââ¬â committing to best practice with quality and accountability.Secondly, this PM system is effective in regards of beneficial and useful as development tool and administrative tool. The system not only allows administration to accountably designed, implemented, reached, and evaluated the goals for different groups in the organization, but also allows employees to engaged and contribute organizational goals by developing their career and earning incentives. As a result, different groups in the organization were able to remain focused on accomplishing all the goals as a whole team.Lastly, most employees in Intermountain had positive and fair views for the PM system. For example, employees in Intermountain expressed embarrassment, rather than complaints of not getting incentives, when they did not reach a certain objective, even it was missed by less than 1%. Lastly, this PM system allowed administration and management team at Intermountain to effectively and accurately m easure employee performance, such as using balanced scorecard and data shown in Exhibit 8 and 12, as well as the cost of providing services.The PM system created by Intermountain has served to be a model for healthcare organizations to face future challenges due to the Affordable Care Act as well as other changes in the nature of running a healthcare business. Lastly, they were able to realize the goal of recruiting and retaining the best employees. 2. In what ways could it enhance or detract from the organization's strategic objectives? ââ¬â There were many ways this method could enhance the organizationââ¬â¢s strategic objectives.First, the important performance dimensions were identified ââ¬â these constituted the big picture of the organization strategy and allowed the big picture to flow all the way down to every individual staff. Everyone in the organization could all know about organizationââ¬â¢s objectives and commit to achieving them. Moreover, as described in a the section of Clinical Goals, this system allowed the goals of five dimensions of performances to flow in a topdown fashion, the goals for the Clinical Goals were developed in a bottom-up fashion.This enabled the organization to have a continuous circle of performance management loop similar to Figure 10-1 in the textbook, which shows a linkage from organizational strategies to feedbacks collected from organizational results. The ways that this system would detract from organizationââ¬â¢s strategic objective is the finance for implementing these strategies, as mentioned in last section of the article. The clinical performance improvement initiative had resulted in revenue losses.If Intermountain did not have enough cash on hand, this performance management system would not work so efficiently. The other way that could detract the strategic objective is that data could be manipulated to make the performances 1|Page Kuan-Chung (Bill) Wu HPM540: Professor Kamke looked well on th e graph/table/figures. This is because the incentives is generated by good data, and it is very easy for these data to be manipulated. 3. How are physician incentives at Intermountain unique? Why did they take a ifferent approach to physician performance as compared to other employees? ââ¬â Physician incentives at Intermountain are unique because physicians are divided into two groups (employed and non-employed aligned) and incentive plans designed for each group have different programs. For employed physicians, three approaches were implemented for incentives: 1) Peer pressure, in which open discussion where held to examine physiciansââ¬â¢ performance, 2) Public Recognition, in which best practice was recognized at the corporate level, and 3) monetary incentives for meeting clinical standards.For non-employed, aligned physicians, who accounts for 2/3 all physicians using Intermountain, the organization has adopted the strategy to engage these physicians through peer-to-peer competition and a reliance on academic literature and internal data in a given clinical area. Here we can see that there are a lot of physician communication and engagement for supporting physicians to receive incentives, which are different approaches than other employees such as managers and staffs who earns incentives through achieving individual and corporate level goals.In my opinion, physicians have their incentives different than just monetary incentives is because health care is a service business and physicians are the centers for providing different kinds of services to patients. In many cases, physicians are the decision makers who may influence the outcome of these services. Therefore, it is essential for physicians to know what each other is doing with transparent and evidence-based communications so the effective services can be learned and implemented by different physicians.Moreover, the increased communication would enhance the aspect of coordinated care which would help both the physician and organizations to reduce the cost of their services. The other reason that different approaches were implemented for physicians might be because they have already been earning high levels of compensation and need something different than monetary incentives, in contrast with those who are in healthcare administration. 4. How might this system also improve the performance appraisal process? ââ¬âPerformance appraisals are used to assess an employeeââ¬â¢s performance and provide a platform for feedback about past, current, and future performance expectations. In Intermountainââ¬â¢s performance management system, there is a continuous goal development and implementation, as well as feedbacks to the senior management. The senior management team then provides recommendations for the group that develops the organizationââ¬â¢s goal to make sure what the organization expects for everyone. In other words, the expectations, whether they are past, curren t, or future, are transparent to all employees.Another aspect that I believe this system helps to improve the performance appraisal process in its uses. The textbook states that organizations generally use performance appraisal process in two conflicting ways ââ¬â administrative and developmental. However, Intermountainââ¬â¢s performance management system seemed to resolve this conflicting issue by its incentive compensation scheme. As described by Dan Zuhlke, the Vice President of Intermountain HR, the potential bonus or incentive is based on the fulfillment of the combination of individual level goals and corporate level goals.This helps to solve the conflict of uses because both administrative and developmental actions can be accomplished simultaneously under this system. Lastly, under the physician incentive system, open discussions and peer-to-peer competition allowed physicians to gain constructive feedback or improvement ideas from others. The physician incentive syste m essentially served as a virtual platform for care givers to learn what the expectations are. 2|Page
The Fashion Channel Pros & Cons
Overview At the completion of this assignment you will achieve the following module objective: 1 . Measure the profit impact of marketing segmentation strategies. Instructions You will be responsible for analyzing the corresponding case and posting your individual work in your group discussion forum by the specified due date (see course calendar for details). Post your answers to the case questions # 2 to 3 directly in the forum, it will save you and your teammates some time, and attach the corresponding excel spreadsheet with the financial analysis.A word of advice: Read the case questions before reading the case. Focus only on the information you need to answer the questions. Do your assignment in Word and always save it and then copy it over, you never know when you will be the victim of technology failure. It would also be helpful if you read the grading rubric before submitting your work. You will know exactly what is expected from you. The Fashion Cannel 1 . What are the pros a nd cons of the three segmentation scenarios?Read carefully the case and make a list of the pros and cons of each segmentation scenario. Use the following table to summarize your findings. Scenario 1: Broad-based Segmentation Scenario 2: Fashions focus I Scenario 3: Fashion's + I Planners/Shoppers I Targeting Cheapest because of easy implementation and I Compared to the 2007 numbers this segmentation I Compared to the 2007 numbers this I there is no need to develop new programming. I produces $100 million more in terms of net Segmentation yields almost $115 million I ISticks with old marketing approach which had I income. I more in terms of net income. I caused TFH to grow so quickly in the past I This segmentation improved TV ratings from 1. 0% | This scenario improves TV ratings from I I land become popular in its early years. Tit 1. 2% 11. 0% to 1. 2 % and average CPM from $2. 00 | I I Keeps executives calm ââ¬Å"why fix something I The average CPM would increase from $2. 00 to T it $2. 50 I that's not brokenâ⬠new segmentation TFH could I | $3. 50 I With this I Hits the target market of valuable 18-34 |It would help compete against Lifetime because Differentiate its programming from Females in all clusters. The ages of I current and future competition by existing loyal viewers | 18-34. 150% of fashion's are between Ill not drive any I producing programs specific to this I audience. I because not much will change. I I Delivers $40 million more in terms of net I I income compared to 2007 base number. I Cons I Luke-warm approach by attempting to satisfy I Results in 0. 2% decrease in TV ratings. I Although this segmentation producesI liverymen- TFH will not satisfy anyone. I This scenario requires $1 5 million incremental Desirable numbers in terms of TV ratings I I I Risk losing viewers to more targeted I programming expense to cover new programming. Land CPM, this scenario requires a $20 | I programs like CNN and Lifetime. This cluster is also the small est of the four I million incremental programming expense toll I CPM is still $0. 20 lower than the current luster's which could lead to a decrease in I account for re-positioned programming. I I CPM.I viewers from the other clusters. I TFH would only be targeting about 50% of I TFH would still struggle to compete with I Because this scenario targets the smallest I us households. I Lifetime and CNN without changing the luster, TFH awareness by consumers would not I This could lead to a decrease in their I programming offered by the channel. I change, and their TV ratings might decrease I loyal viewers and might negatively affect I I level more. I their TV ratings. 2. Estimate the impact of each segmentation strategy on the company's revenue.You will have to estimate the financial of the company using the excel the following scenarios: 2007 Base: No segmentation; drop in ad unit pricing (average CPM). File. Consider Scenario 1: Multi segments, targeting 3 groups (excluding Basics); i ncrease in ratings, decrease in ad unit pricing (average CPM). Scenario 2: One segment, Fashions: drop in ratings, increase in ad unit pricing (average CPM). Scenario 3: Two segments, Fashions and Shopper/Planner; increase in ratings and increase in ad unit pricing (average CPM). Individual Case 2 Questions
Tuesday, July 30, 2019
Bottlenecks in a Process Paper
Bottlenecks in a Process Paper Tino Hearn OPS/571 James Powell April 13, 2010 RUNNING HEAD: Bottlenecks in a Process Paper The daily exercise process design is not an extensive process. The cycle time may vary daily. There are potential bottlenecks but not many relating to the daily exercise process design. ââ¬Å"Good intentions often lead to bad habits. This is evident when bottlenecks occur from relying too heavily on highly productive individuals or systems. It is common practice to place more responsibility on an individual if that person consistently demonstrates the capacity for itâ⬠(Executive Blueprints, 2010). The writer notices a couple of bottlenecks that occurs due to natural elements of the process. For example, the flowchart displays the writer decides the length of time and the distance he will run. This is a potential bottleneck because if the weather is inclement, there will be a delay in the writerââ¬â¢s ability to begin running at the designated time. This will produce a buffer prior to the next stage of the process because the anticipated time of the next stage which is the abdominal workout will be prolonged. Another bottleneck would be if the writer starts his run and he gets muscle cramps or fatigue. This will potentially cause the writer to discontinue his run. However, these bottlenecks are not necessarily part of the normal process. Other potential bottlenecks could include the writerââ¬â¢s heart rate and vital signs being abnormal. The writer would have to his exercise regiment for that particular day. The bottlenecks in the exercise process will hinder the writer from reaching his overall health goals of losing weight; lower his cholesterol and acquiring better general health. Some potential buffers could involve the writer being too fatigued or exhausted to complete the cool down period. This would also prevent the writer from getting into the abdominal and weight lifting phase of the process. In essence, there are limited amount of bottlenecks in the exercise program flowchart. The bottlenecks are not detrimental to the overall objective of getting a good workout and exercise program prior to starting the workday. The bottlenecks can potentially help the writer fine tune some steps in the process to get better results. References Executive Blueprints (2010). Eliminating bottlenecks for process improvements. Retrieved April 13, 2010 from http://www. executiveblueprints. com/tips/090511bottlenecks. htm Tino, process analysis is a basic skill needed to understand how a business operates. I notice you used a source of reference to define bottlenecks and it is different than our course of study. However, I am not sure if you understand the concept of bottleneck correctly as evidence discussed in your paper. Except for you mentioning heart rate and vital signs being abnormal and these factors can limit the capacity of your workout and there is limited discussion about this bottleneck. (-3) Consider using a value-added analysis (focused on eliminating the nonââ¬âvalue-adding activities), you might be able to reduce the workout time and maintain an acceptable heart rate for your activities. I would like to have seen you support your perspectives of the process and support it with theoretical concepts from the assigned reading where necessary. (-. 25) As presented your paper earned . 4. 75 out of 8. 0 points.
Monday, July 29, 2019
New media communication Essay Example | Topics and Well Written Essays - 5000 words
New media communication - Essay Example The use of social media as a tool for marketing by tech savvy marketers has enabled them to connect with both their loyal customers and their prospective customers in a cheap, efficient way. This paper shall look at the impact that the use of the social media platform has had on traditional marketing, and how it has changed communication among stakeholders within an organization. The advent of social media has brought about a revolution in corporate communication. This has transformed the way organizations conduct their public relations methods in addition to bringing considerable change in these organizationsââ¬â¢ interactions with their stakeholders. This avenue of communication continues to become popular among enthusiasts in all sectors, due to unlimited potential that it offers by its use. The use of social media has not reached its peak, especially in the business world. This is because business executives and employees in public relations departments in numerous organizations have been very slow in adapting this method of communication. The increased scepticism surrounding the use of social media in communication has been a major contributor to its slow growth in the business world. However, that phase of slow growth has since been passed, as more businesses take up social media as an essential part of their public relations and marketing tools (Ho & Kwamena, 2009, pg 23). It has become easier for companies to reach all its stakeholders with the advent of the internet and the social media platform. For the first time, it is imprudent to fly around the world to attend meetings with stakeholders. There are social media sites that allow for live video communication between people. Social media sites such as Skype allow company executives to communicate via video link without having to be in the same location at once. In addition to that, companies have
Sunday, July 28, 2019
Network letter Article Example | Topics and Well Written Essays - 250 words
Network letter - Article Example end the show for further strengthening that persona within the character during the ââ¬Å"Dead Againâ⬠episode that dealt with the underground zombie lifestyle of New York City. In this particular episode, we saw a significant character development for Kate Beckett as she finally came close to the full understanding and acceptance of the events that happened in her life during the past year. That includes being ready to put her emotions on the line and accept the love being offered to her by a man who has stood by her for the past 4 years of her life. It was important to me, as a person who believes in the healing powers of psychiatry, that the episode portrayed her visits to a psychiatric professional as one that truly helps her get her life back together after her shooting in the previous season. By showing the analytical aspect of the doctors visit and allowing her to figure things our for herself with her doctor acting only as her guide, her character as a strong, intelligent, and logical woman is further reinforced. I applaud the team behind the show for such an accurate and convincing portrayal of the true way that a psychiatric visit takes place. In closing, I would like to encourage your program to continue its true to life portrayals of the steps that Kate Beckett must take in her life in order to become a truly whole and well person, finally capable of accepting a special kind of love and giving back the same to Richard Castle. Thank you for taking the time to read my letter. I realize how busy a person in charge of a network must be as you receive numerous letters and communications regarding all types of matters pertaining to your programming. I look forward to possibly hearing from you in the
Saturday, July 27, 2019
Linguistics Essay Example | Topics and Well Written Essays - 1000 words - 2
Linguistics - Essay Example Wodak (1989) explores this opinion to reveal that language gains power in the hands of those who are powerful. According to the author it would be right to say that someone in power can even be represented by a specific language and fights about discrimination or status basically symbolize the fight for power. This study mainly purposes to explore some of the things that happen on the basis of linguistics which include politeness, gender-indexing, honorification, youth language and bilingualism more specifically amongst the Japanese community. Japan which happens to be one of the most industrialized nations on earth was ranked 105th out of 136 countries in terms of gender equality (The Bogen Project 2013). Under normal circumstances, most of us would think that a nation with the third largest economy as well as geographical power as Japan would have a positive gender index when it comes to equality. Surprisingly this is not the case amongst the Japanese. Statistics reveal that ââ¬Å "According to the Gender Gap Index, Japan has slid from 94th place in 2010 to 98th in 2011, to 101st in 2012â⬠(The Bogen Project 2013). This indubitably depicts gender inequality with the affected gender being the feminine ender. Japanese women have been misrepresented both in the government as well as in the field of employment. Does this have anything to do with gendered language including politeness and honorification? Unlike most languages in the world, Japanese language has some language associated with men or boys and another section associated with women or girls.
Friday, July 26, 2019
Evaluate Merleau-Ponty's account in The World of Perception of the Essay
Evaluate Merleau-Ponty's account in The World of Perception of the relation of human beings both to each other and other animals - Essay Example Humans interact with other animals differently depending on the value of the other animals. The nature of the relationship both among humans and with other animals is structured with the view of sustaining the life of humanity. As social organisms, humans live in effectively constructed societies with a set of laws that govern the nature of the relationship among humans. The need for procreation and sustenance of life is a fundamental feature that influences both the nature of the relationship among humans. Among the basic relationship among humans is the family an institution that guarantees both companionship and the sustenance of life. However, for the development of effective societies humans require peaceful correlation among each other a feature that influences the development of governments. Social contract theorists explain that the need for peaceful coexistence in societies influence the formation of governments through democratic governments to govern for specific periods. Among the basic objective of the governments is to maintain law and order besides safeguarding the rights and privileges of the people. While the creation of governments is an effective way of ensuring orderliness of the societies thus guaranteeing freedom and safety of every individual in a society, it portrays the inability of humans to live peacefully without conflicts. Humansââ¬â¢ population increase results in increased pressure on the resources a feature that give rise to numerous conflicts. Such is a fundamental feature of human interactions that Maurice Merleau-Ponty discusses in his book. All the conflicts in the human society arise from either competition for resources or competition for mates. In order to provide amicable solutions to their conflicts, humans organize themselves in societies with effective leadership and systems that perfect in conflict
Death Penalty should be legalized Research Paper
Death Penalty should be legalized - Research Paper Example This was to be upheld by all the member states of the UN. From the very beginning, the death penalty had been embroiled in controversy. The aforementioned International Bill of Human Rights was proclaimed in the year 1948, by the UN. However, this did not include any reference to the death penalty. It took nine years of debate, for the UN General Assembly to include a statement regarding the death penalty. This transpired in the International Covenant on Civil and Political Rights (Evans). As such, death penalty issues have been accorded a place in human rights. In the societies of the world, the list of penalties tend to be execution, loss of liberty by means of imprisonment or other restrictions on movement, corporal punishment, loss of property, mutilation, such as the amputation of the limbs, and loss of opportunities, such as the revocation of a driverââ¬â¢s license. The list of penalties for crime could vary to some extent, on the basis of the society involved. Nevertheless, deterrence would be the perceived objective of any system of penalties. It is in this context that one has to view a system of criminal justice that does not have a deterrence effect (Davis 23). Such a system would be rejected as being of no worth whatsoever. In addition, several academic studies, conducted in the recent past, have clearly shown that the death penalty has a significant deterrent effect upon murder. The analysts of these studies have declared that between three to eighteen lives could be saved for every convicted murderer who is put to death. In this context, the study conducted by Naci Mocan assumes significance. This study, which was conducted in the year 2003, by Mocan and other researchers determined that every execution would reduce the number of homicides by five. On the other hand, commuting a death sentence would translate into an increase of five in the number of
Thursday, July 25, 2019
Operational Amplifiers Lab Report Example | Topics and Well Written Essays - 1000 words
Operational Amplifiers - Lab Report Example The slight difference in the measured and calculated values is because of the non-ideal character of an Op-Amp, the connecting wires etc. The moisture component present in the atmosphere, the wiring arrangement of the library, some High Tension (High Voltage) public supply electricity line going around the laboratory also affects the measurements. Sometimes if the connecting wires make a loop then the induction effect also comes in picture. Once again the non-ideal nature of electronic gadgets comes into picture. In fact the inherent resistive component of the power supply too causes some variations in the output parameters. The moisture present in the atmosphere or less than ideal nature of oscilloscope probes too causes variations. The ideal output voltage should be the product of the dc input signal and the amplifier's closed-loop voltage gain. However, the output voltage has an added error component. If the ideal value of output voltage is large with respect to the error component, then we can usually ignore the op amp characteristic that causes it. But if the error component is comparable to or even larger than the ideal value, we must try to minimize the error. The closed loop gain mainly depends upon the external resistors. Op amp characteristics that add error components to the dc output voltage are: When we disconnect the feedback loop (Resistor R), then it is no more 'closed loop gain' for the op amp. There is no negative feedback. And input voltages at oscilloscope terminals are different. The measured values are; Channel1: 3V Channel2: 14V Ans. 8. Now to get a gain of 6 in figure 5 (above), the calculated value of resistance R is; 6 = 1 + (R/10000) i.e. R = 60000-10000 = 50K Measured voltages : . . . . . . Channel1: 3V Channel2: 14.3V Calculated gain : . . . . .6 . . . . . . . . . . . Ans 9. Changing the potentiometer setting to + 2 V, Measured voltages : . . . . Channel1: 2V Channel2: 12V Calculated gain
Wednesday, July 24, 2019
Postfeminism and the Future of Feminism Essay Example | Topics and Well Written Essays - 1750 words
Postfeminism and the Future of Feminism - Essay Example The definition of feminism may vary, as the view concerning it may be directly associated with the prevailing ideologies within the society. For example, a patriarchal society influenced by the mass media might understand that feminists are anti-male or are the ones seeking the opportunity to let the women be equal to men. Feminism in this context seems to be a movement against men. According to Hooks, a society founded by Christian culture may continue to believe that women should be under the authority of men, and so they will be ruled over and continue to be submissive (Hooks 2; Shaw and Lee 33). Understanding feminism on this context may be tempting for us to believe that it is about womenââ¬â¢s quest to be equal with men. However, Hooks believes that feminism should be defined as a ââ¬Å"movementâ⬠to stop ââ¬Å"sexism, sexist exploitation and oppressionâ⬠(Shaw and Lee 33). From this definition, Hooks tries to emphasize that the problems lie within the actual sex ist actions or thoughts and they are what the feminist movement should need to eliminate. Hooks just wants to correct the popular thought about feminism and its high association with the belief that it is against-the-men movement or women move to be equal with men. à It is at this point that there is a great chance for somebody to develop a theory out of it if exploration and analysis have to be initiated. In fact, one would be able to gain social, cultural, economic and political perspectives by studying feminism, by which one should understand the quest for social justice as the main motivation of the movement to end sexist oppression (Haslanger, Tuana and Oââ¬â¢Connor). What is postfeminism? Postfeminism in contrast, tries to define feminism as hopelessly outmoded in the contemporary society as it contains discourses or ideological beliefs trying to make us believe that equality has been achieved (Ringrose 1; Shaw and Lee 15). Postfeminism therefore still defines feminist pe rspective, but the differences start from its associated criticism against feminism that is said to be simply no longer in use. For instance, postfeminism places women as the primary benefactors of globalization taking place in the twenty-first century (Ringrose 3). At this point, it may potentially appear that postfeminism is still a form of feminist movement, but it is placing a different context in it as it tries to position women on top in todayââ¬â¢s post-modern world, providing the basis that a woman indeed has achieved the equality she deserves to obtain. This is quite interesting and we might be able to appreciate this point further if we try to take a look at the actual role of the women, their status and the level of achievements they might have acquired and the actual similarities or dissimilarities of opportunities they might have experienced before and in todayââ¬â¢s society.
Tuesday, July 23, 2019
THE COTSWOLDS AREA OF OUTSTANDING NATURAL BEAUTY Essay
THE COTSWOLDS AREA OF OUTSTANDING NATURAL BEAUTY - Essay Example ple and Hall (1992) opines that the heritage based tourism aims at letting the tourists experience the past traditional, social and religious aspects of a destination. In order to give tourists an unforgettable experience in heritage tourism, the management of a tourist destination selected must be perfect. One area that can be used to perfect the management of destinations is through an audit of the destination. An audit of the destination will involve an intensive examination of the destinations available tourism resources (Cooper, 2003). These resources include the amenities, major attractions, activities and other internal aspects of the destination with respect to the targeted market. It also includes the external factors such as threats emerging from competition and economic environment (Woodside 2008). This paper uses the case of Cotswolds Area of Outstanding National Beauty to perform a tourist destination audit. First, an overview of the destination is given. It then proceeds to analyse the internal and internal factors that affect the performance of the destination with recommendations of appropriate actions in the end. The Cotswold area is the largest heritage based destinations of tourism in England and Wales. The geographical area covers an expansive region with different tourist attractions. These include heritage cities, serene and attractive country side, cultural cuisines, and local limestone along with heritage events. Because of its expansive nature, the Cotswold area of outstanding natural beauty has a complex destination management organization. A destination management organization is the hierarchy of groups of persons and bodies that are in charge running tourism affairs in a given tourist destination (Wang & Pizam 2011). Their main task is to constantly examine and improve tourism attraction features and strategically position the destination in the tourism market (Klimerk 2013, p. 1). This study also indicates that the destination
Monday, July 22, 2019
A Reaction on Aliensââ¬â¢ Ownership Right of Real Property in the Philippines Essay Example for Free
A Reaction on Aliensââ¬â¢ Ownership Right of Real Property in the Philippines Essay A Reaction on Aliensââ¬â¢ Ownership Right of Real Property in the Philippines ââ¬Å"Ang Pilipinas ay para sa mga Pilipino.â⬠(ââ¬Å"The Philippines is for the Filipinosâ⬠) Does it sound patriotic or nationalistic? Or does it pertain to selfish motives or mercenary actions? It is a fact that many aliens have been invading to the Philippines. Yes, they are aliens the non-Philippine nationals or foreigners. Most of them are fascinated and attracted to the beautiful sceneries around the Philippine archipelago. Others also pursue their business careers in the country, they are the investors, and the business oriented people who wish to put up their capitals and trade whether in a form of sole proprietorship, partnership or corporation. The aliens are granted the right to acquire a land or real property (immovable property) provided that they will consider the provisions under the Philippine Anti-Dummy Law the limitations on certain economic activity including the enjoyment of rights. In line with the Condominium Act of the Philippines, Republic Act 4726, the aliens are given the right to completely own a condominium unit but when it comes to project, the corporation must be composed of only 40%foreign investors. On the other hand, under the Investorââ¬â¢s Lease Act of the Philippines, foreign nationals or corporation may enter into lease agreement with Filipino landowners for an initial period of fifty years and a renewable extension of 25 years. As we try to comprehend to the law, it is really pro-Filipino. We noticed that the there are only 40% foreign investors or the stockholders and the 60% come from Filipinos. Itââ¬â¢s also obvious that the aliens are prohibited to completely possess lands which are really in accordance to Article XII, Section 7 of the Philippine Constitution. Talking about the 40% foreign capitalists and investors, the Philippineà government can gain taxes from them which in turn can be used to accommodate common good for the Filipinos. The issue on Priority Development Assistance Fund (PDAF) or prominently called pork barrel barges in. That huge amount of money came from the taxpayers, both the Philippine nationals and non-Philippine nationals. But due to institutionalized corruption, the money which is intended for the people in the society are being stole by some of the national officials. This is another dilemma that the Philippine government should take into consideration and action. Back to the issue on aliens, the mediocre are skeptical whether the foreigners are given the right to fully own resources in the country or not. This is to clarify that they are not given the full authority; they are just given the opportunity to get into the business world which in turn both the aliens the Filipinos can gain something. It does not mean that though they have been advancing to the country, they steal whatââ¬â¢s ours. There are laws for them to follow, thus, thereââ¬â¢s no way for us to worry. The law has been already promulgated. All we can do is to deal with it, just no racial deviation, just focus for the common good of all Filipinos. The aliens are striving for their benefits, the same way should we act for ourselves. Letââ¬â¢s do our part and adhere to our virtues as we keep burning the Filipino spirit!
Sunday, July 21, 2019
Literature Review On Crafting Strategy
Literature Review On Crafting Strategy Recent business environments require quicker and more adequate decision-making by firms than ever before. Because the environmental changes are extremely large, the decision makers may confront difficulties in predicting their futures. The concept of a strategy based on a purpose-oriented approach provides original strategic alternatives. Because the concept of strategy is generally abstract, there exist many perspectives with respect to its formation and implementation. In fact, scholars and practitioners comment on the diverse aspects of strategy, such as, there is no single, universally accepted definition of corporate strategy by Pettigrew (1987a). However Mintzbergs has done a serious number of researches backing up his theory on Crafting Strategy as a potential strategy progress with loads of valid conclusions. Introduction: The present Critical Literature Review sets to explore the challenging task of envisaging, conceiving, and realizing crafting strategies by proposing a deep critical evaluation of the subject. Along the way the essay will compare and contrast different authors views on an issue, criticise aspects of methodology, note areas in which authors are in disagreement, highlight exemplary studies, highlight gaps in research, show how Mintzbergs study relates to previous studies, show how his study relates to the literature in general and conclude by summarising what the literature says. History Literature on strategy emergence has a long history (Bower, 1970; Bower and Doz, 1979; Burgelman, 1983; Quinn, 1978, 1980, 1982; Nelson and Winter, 1982; Mintzberg, 1978, 1987; Mintzberg and Waters, 1984, 1985, 1990; Prahalad and Hamel, 1990; Pettigrew, 1985). The process view of strategy has been revived in the Eighties by Mintzberg work on Crafting strategy (1987), and later by the work of Hamel and Prahalad on Strategic Intent (1996). Many of them share a common view on the theory and practice of strategy as they generally agreed, strategy is a plan to be executed in the future to achieve specific objectives. However, this view of strategy is limited and potentially dangerous because it obscures the rich and paradoxical nature of the wider concept of strategy, and it can result in significant opportunities and danger signs being overlooked. (Mintzberg, 1987) Overall strategic observation: Mintzberg, Alilstrand and Lampel (1998, p.9) have even encapsulated the paradox of strategy with the following observation: Most people, managers and as above mentioned academics define strategy as a plan, or something equivalent a direction, a guide or course of action into the future, a path to get from here to there. However as it has been stated above this is potentially dangerous. Strategy, therefore, according to Mintzberg should be viewed as a combination of the actions that are intended to result in anticipated business outcomes; and the actions that emerge as a result of the many complex activities that are undertaken within an organization. Thereby strategy become a process itself, one that involves the co-evolution of discourse nature individual and society. Drawbacks of certain strategic approach uncertain future How to create and develop the perfect strategy has been the question of managers, business owners, military commanders and even individuals for ages. This simple question seems to be fundamental for strategic management, but there are still surprisingly few answers in strategy research. Numerous academics and managers states that the optimal way to approach the perfect strategy is by attempting to predict a foreseeable future, making decisions in advance, and controlling the realization of strategic plans (e.g. Rumelt, Schendel, and Teece, 1991, 1994). However as there are as many potential futures as companies a single formal strategy plan cannot be used especially when it is based on prediction. Although any company that cannot imagine the future is unlikely to be around to enjoy it. Strategic managers living in the here and now, and only concerned about the next quarter, will fail at the task of imagining the future (Hamel and Prahalad, 1996: 242). Diverse benefits In recent years there has been a growing body of opinion amongst scholars in the field of strategic business management that some of the central tenets of classical strategic theory are no longer as appropriate as they might once have been (Thompson, 1967; Westley and Mintzberg, 1989; Whittington, 1993; Mintzberg, 1994; Hamel and Prahalad, 1995; Camillus, 1996; Hamel, 1996; Kouzmin et al., 1997; Mainwaring, 1997; Mintzberg et al., 1998; Kouzmin and Jarman, 1999; Parker, 2002). Several studies have confirmed that managerial choice and design of strategy in terms of planning and analysis activities are beneficial in decision and strategy making (e.g. Dean and Sharfman, 1996; Miller and Cardinal, 1994) and other studies have identified beneficial supplemental strategic planning practices, such as programmed conflict approaches (Schweiger, Sandberg and Rechner, 1989) and implementation tactics (Nutt, 1987). However, there are conflicting evidence regarding the benefits of strategic planning (Boyd, 1987; Mintzberg, 1994; Pearce et al, 1987) and strategy goal and method consensus (Dess, 1987). Moreover, in practice, strategy-making sometimes seems to differ from the normative managerial choice, design and planning ideal. These differences are most evident under more complicated circumstances, in uncertain strategic decisions (Mintzberg et al 1976; Nutt, 1984), in firms with diverse and conflicting goals (Quinn, 1980; Pettigrew, 1973; Eisenhardt and Bourgeois, 19 88b), in unstable (Mintzberg, 1973; Fredrickson and Mitchell, 1984; Fredrickson, 1984) or fast changing environments (Bourgeois and Eisenhardt, 1988a) and in large and complex firms (Bower and Doz, 1979; Burgelman, 1983b). The fundamental divergence in these strategy process perspectives, compared to the traditional design view, is that under these conditions strategy process and action involve organizational learning (Mintzberg, 1990). Strategists learn from, and strategies are informed by implementation and experience, and interactions between various organizational levels (Burgelman, 1983a, b; Mintzberg, 1978; 1987; Mintzberg and McHugh, 1985; Pettigrew and Whipp, 1991; Quinn, 1980). An even more recent research supports Fredrickson and Mitchell above mentioned statement that the business landscape is neither stable nor predictable, making prediction and control very difficult (e.g. Burgelman, 2002; Hamel, 2000; Mà ¼ller-Stewens and Lechner, 2001; Leibold, Probst, and Gibbert, 2002) and by this statement and research they highly disagrees with (e.g. Rumelt, Schendel, and Teece, 1991, 1994) declaration. The actual strategy activities that form these strategic positions essentially remain unclear in strategy content research (Cockburn, Henderson and Stern, 2000). Conversely, strategy process views (e.g. Mintzberg, 1978; Johnson, 1987, 1988; Mintzberg and McHugh, 1985; Mintzberg and Waters, 1985; Pettigrew, 1977; 1985a, 1987a; Quinn, 1980) provide rich and systematic descriptions showing that strategy making involves a variety of factors and contextual influences, besides analytical exercises by managers in the centre as it has been identified in previous paragraph s. Strategy-making activities have also partially been specified, such as routines in decision processes (Mintzberg, Raisinghani, and Thà ©oret, 1976). Example: The business world is changing fast as it has been mentioned above. Lewis E. Piatt, former Hewlett-Packard chief executive officer (CEO), argues, Anyone who tells you they have a 5 or 10 year plan is probably crazy. With rapid change comes uncertainty. And with uncertainty comes risk and great opportunities. If the business bet big today, for example, they may fundamentally reshape an emerging market to their advantage. Or they may suffer losses that throw their company into bankruptcy. If they wait for the uncertainty surrounding a possible opportunity to disappear, on the other hand, they may avoid making some foolhardy mistakes or they may lose their first mover advantages to a more aggressive competitor. In choosing strategies under uncertainty, there are no easy answers. Yet many business strategists make it harder than it has to be, simply by relying on outdated strategic-planning and decision-making approaches states Lewis E. Piatt. These tried and true approaches, designed to optimize strategic decision making in predictable environments, systematically fail in times of high uncertainty, as it can be experienced today. On the other hand Foresight an accurate view of the future is essential in generating the best forecasts and making the right strategy choices like Rumelt, Schendel, and Teece argued. The typical process assumes that the strategists possess the foresight to translate their knowledge of the future into point forecasts of key value drivers. These point forecasts allow for precise estimates of net present value (NPV) and other financial measures, which, in turn, determine which strategy will deliver the highest return. In addition, the typical process assumes that a deep, analytical understanding of todays market environment and todays company capability ties is the key to developing foresight about the future. For example, industry analysis frameworks, like Porters Five Forces, are at the heart of most prototypical processes because it is implicitly assumed that understanding the microeconomic drivers of todays market environment is essential to understanding the strategies that will win in tomorrows ma rket. Welch sad its more important to imaginative than to be predictive. Imagination is one of the biggest corporate challenge of the last century. Its about developing a clear idea of what is going on around the company and taking advantage of that (Welch, personal communication, April 2002). Similarly to Welch, Mintzberg after carrying out over 20 fairly reliable researches clearly states that knowing the organization capabilities well enough to think deeply enough about its strategic directions is highly important, but knowing the strategic direction does not mean having a strategic plan or trying to predict the future and make decisions in advance to get to that goal rather it means that strategic plan will informally shape as a reflection of the environmental effects as they go on like Welch stated strategy is taking advantage of what is going on around the business. Kaplan highly supports Mintzberg theory and after carrying out valid and reliable researches over 30 businesses with Be inhocker he belives that successful companies only generate strategic plans to prepare their management team but real strategic decisions made in real time. When Mintzberg in his article recounts the events of leading players like Volkswagen over a certain period the dangers attaching to the biography apply. There can be little doubt that Mintzberg has accurately recorded events, but the interpretation of these events and the meaning of the actions that the companies took are affected by the authors personal paradigm. The reader is being invited to note the strategic techniques and to apply them to their own situation. Particular care has to be taken with idiosyncratic accounts, such as Townsend (1970) and Roddick (1991), where the distinctive character and personal style of the writer may make it difficult for ordinary mid or small business managers to apply the adduced lessons and techniques, dispassionate, objective assessment can be difficult when confronted with skilfully compiled accounts of past events. Apart from gathering developed and chronological lists and graphs of the most important actions taken by each organization, he us ed interviews and in-depth reports to study what appears to be the key point of change in each organizations strategy. Structured interviews pose specific questions to the interviewee, which suggests that the interviewer has an agenda formed by previous study which could weakened the validity of the source. The unstructured interview, on the other hand, gives freedom to the interviewee to talk about what they thought was important and interesting which could also result one point of view. In practice, interviews tend to be a mixture of both approaches, if only to avoid the risk of the interviewee losing the plot, but the free flow of ideas may reveal more than the subject intended. The more that is known about the period or the company under study, the better able the interviewer is to detect weak signals in what has been said and to follow them up. Although the evidence gained is somewhat weakened, it may be necessary to agree to anonymity, but Bower (1970) is an example of a powerful study conducted on an anonymous company and its managers. Evidence, then although often of questionable veracity, is the very stuff of history and the Mintzberg cannot apply purely scientific methodology to its interpretation. Wider knowledge of the period and the actors within it helps to develop a feel for the likely truth before going on craft and interpret the primary evidence. I have six honest working men Who taught me all I know Their names are: why and what and when And who and where and how (Rudyard Kipling). Kiplings little verse which is quoted above is a valuable guide to interpretation. These questions enable Mintzberg to press more information out of the assembled evidence. Similarly, when making a deduction, or gaining an insight, it is a good discipline to ask, What are my reasons for making this assertion? Analytical interpretation has to be disciplined, and conclusions only drawn when fully supported by evidence. It is at this stage that, the notion of crafting is most evident, as Mintzberg engages with the material in the search for insight and revelation, whilst maintaining impartiality and objectivity. Later on Mintzberg (1995) suggest that Chandler (1962) definition is the first modern definition of business strategy. If this definition were placed in the previous section on planning it would fit perfectly. Andrews (in Learned et al., 1965, p. 15) defines strategy similar to Mintzberg later theories: the pattern of objectives, purposes or goals and the major policies and plans for achieving these goals, stated in such a way to define what business the company is in and the kind of company it is to be. Andrews has defined strategy as a plan, one of the objectives of which should be specifically to define what business the company is in and the kind of company it is to be. This caveat, that at least one task must be achieved, is perhaps the first generic strategy! A strategy is the pattern or plan that integrates an organisations major goals, policies, and action sequences into a cohesive whole. A well formulated strategy helps to marshal and allocate an organisations resources into a unique and viable posture based on its relative internal competencies and shortcomings, anticipated changes in the environment, and contingent moves by intelligent opponents (Mintzberg et al., 1995, p. 7). This definition describes strategy as a plan or alternatively as a pattern. The concept of strategy as pattern is an idea that Mintzberg uses often (Mintzberg and Waters, 1985; Mintzberg et al., 1998). Mintzberg et al. (1998, p. 9) develop the concept of strategy as pattern with further concepts that they describe as the Five Ps for Strategy; Plan, Pattern, Position, Perspective and Ploy. Here, it is suggested that strategy is often described as a plan but when managers are asked what they actually did, they describe strategy as a pattern, or repetition of actions taken in previous years, that is subsequently adjusted to meet current criteria. Hence, strategy as a plan is looking forward and strategy as a pattern is looking backward; that is, relating to past behaviour. Both ideas have relevance, because planning would be impossible without looking forward and backward. In addition, Mintzberg et al. (1998, p. 13) suggest that it is also important to look inward and outward and up and down, which they describe, respectively, as strategy as a position and as a perspective, namely an organisations fundamental way of doing things. Their fifth concept, strategy as a ploy, treats it as a specific action designed to outwit an opponent or competitor. However, it is possible that this concept is more closely related to tactics than to strategy. The five Ps of Mintzberg et al. (1998) provide additional viewpoints for looking at strategy. However, their views add very little to the mainstream ideas of other scholars who believe that, in some significant fashion, strategy is intimately related to planning. Apart from Mintzberg 1987 article there are other similar approaches both in strategy content and process views (e.g. managers as architects, Andrews, 1980; formulating strategy as a creative act, Christensen et al., 1982; managers as craftsmen, Mintzberg, 1975; or strategy creation as craft thought and action, Mintzberg, 1989) Although there are several authors with a different point of view on Craftmen strategy like Rumelt, Schendel, and Teece as they do not consider managers are craftsmen.
Company and market analysis of TRU colours
Company and market analysis of TRU colours TRU Colours is a private makeup company which provides numerous services for women of all ages. These services range from make-up application to product knowledge, bridal packages and more. TRU Colours is a sole proprietorship run by Rosie Lima. She provides services out of her own home and is also a mobile makeup artist. Mission Statement My mission is to help bring what I see on the inside, outside for everyone else to see through enhancing clients physical appearance and mental relaxation. Situation Analysis Internal Environment: Organization background Rosie Lima established TRU Colours Make-Up Artistry in 2007. TRU Colours is an unregistered sole-proprietorship completely owned and run by Rosie Lima. She completed formal training in the industry in 2009. She has a Certificate in Entrepreneurial Studies, a Diploma in Cosmetic Management, and a Spa Technician Certificate, all through Humber College. She also interned with Creatively Beautiful. Creatively Beautiful is an award-winning bridal hair and make-up service located in Brampton, Ontario, serving the Acton, Milton, Burlington, Hamilton, Markham, Peel, Halton Hills, and Greater Toronto Area. This company focuses on bridal preparation. They aim to achieve the ultimate experience in relation and pampering for the bride and her party on her wedding day. They focus on makeup application, hair styling, hair extension work, jewellery, accessories, and rentals. TRU Colours provides clients with a customized make-up application experience in the comfort of their own home or a specified location. Since TRU Colours was established, Rosie has been a freelance representative for Lise Watier Cosmetics, freelanced for Shoppers Drugmart both in-store and at their Customer Appreciation Galas, designed and applied numerous looks for photo shoots, and most recently applied make-up, alongside the team from Creatively Beautiful, for the models at the prestigious Total Wedding Show. Services Offered Make-up Design Application Bridal Packages One-on-One Shopping Trips Make-Up Skincare Lessons Make-Up Workshop Parties Financial and Non-financial Results The market for make-up in Canada increased at a compound annual growth rate of 4% between 2004 and 2009. The eye make-up category captured the make-up market in Canada and accounting for a share of 37.4%. Leading players in Canadian make-up market are, Procter Gamble Company, LOreal S.A. and Revlon, Inc. The consistent annual growth of these companies depict that the sector is growing and there are much more opportunities to be explored. Rosie Lima uses the best available make up products manufactured by the top brands to provide quality service to her clients. The industry is expected to grow at much higher rate in near future, so focus should be on targeting maximum number of clients. Study shows that the women aging between 12 -40 should be the potential target. Channels Market value is based on sales through all retail channels including direct to consumer. Toronto gives numerous numbers of options to the clients to select the make-up artists from the list that has Melissa Andre, Melissa Nicholl, Nerissa Haines, Vicki Millar etc. In such a competitive market the advertising channel will help attracting clients just for once. To succeed the retention and referral clientele building is required. Rosie Lima should offer clients the price and service that helps her to establish as a brand. External Environments: Markets A market is any one of a variety of systems, institutions, procedures, social relations and infrastructures whereby businesses sell their goods, services and labour to people in exchange for money. The makeup industry had a variety of markets. These markets range from individuals who require one time makeup application for a specific occasion, to those who want regular makeup application. These are the multiple avenues make-up artistry can take you. Advertisements Magazines Modeling agencies Movies Music videos Runway shows Salons and spas Television Theatre Bridal Makeup Rosie Lima mostly works with individuals. Her clients are usually people who need to look their best for a special occasion, such as an awards dinner, beauty pageant, prom night, or wedding. The target market is women between the ages of 12-35. This segment of the market provides the greatest opportunity. This is because girls around the age of 12 will be beginning to experiment with makeup. Parents may be interested in teaching their adolescents how to properly apply makeup. Also girls around this age go through two major celebrations grade 8 graduation and prom. Many girls will want to look their best on these occasions which will create a demand for a make-up artistry services. Women between the ages of 20-30 are the average age to be married. This will create a high-demand for bridal make-up services. Some women may be interested in make-up consultation which will teach them the skills required to apply their own make-up. This ranges from picking the products desirable for your skin type, the appropriate colours and how to apply your make-up. These are the types of markets that TRU Colour targets. Competitive environment There are many make-up artists available across Toronto. Most of them offer various services ranging from makeup application, spa to hair treatment. Due to heated competition and availability of many artists, the rate of services is kept moderate by most businesses. When one search on the internet to find a makeup artist there are several options available and the majority of them are sole-proprietors offering various services. TRU Colours faces competition from all the local businesses but what sets them apart is the personal touch that Rosie Lima brings along with her. TRU Colours provides customized make-up application to the clients and builds a lasting relationship with most of them. The convenience of getting the make-up done is clients selected location is a unique feature that is not provided by many in the locality. Rosie has gained practical experience in the field and has related formal education as well to better her service offerings. Economic Environment Although beauty remains firmly in the list of reliable categories during the difficult economic conditions that are currently prevailing, a NPD report suggests that it has dropped to fourth place in a list of the least vulnerable consumer goods categories. According to the NPD consumer survey just 32% of respondents said they would cut back on spend for video games, while 36 percent said they would cut back for toys, 39 % would reduce spend on movies and 41% said they would reduce spend on beauty products. Economic slowdown affected this industry too. People were not ready to spend money for appealing outlook. With time as things started coming back on track, the industry is not only stabilized but is also benefited a lot. Product and service advertisements are helping make-up artist to attract clients. Pricing position might pose a threat to them when competing with less expensive product and service. Keeping this meltdown situation is mind TRU colours must offer their clients quarterly, half-yearly or yearly discount coupons, which indeed can encourage the clients to be associated with TRU colours and get benefited from their services. Demographic Environment Demographic environments consists of data and study relating to the human populations in terms of size, density, location, age, sex, origin, incomer, occupation, and other statistical information. Given below are data from the Toronto region where TRU Colour operates: Population by Age 2010 % of Total % Change (2005-2010) 2015 % Change (2010-2015) Total 7,399,926 100.0% 7.3% 7,780,466 5.1% 0 19 1,751,513 23.7% 1.5% 1,743,511 -0.5% 20 24 521,238 7.0% 7.8% 519,424 -0.3% 25 34 1,092,224 14.8% 8.2% 1,200,917 10.0% 35 54 2,299,364 31.1% 6.0% 2,315,911 0.7% 55 64 821,194 11.1% 22.5% 941,616 14.7% 65 74 479,808 6.5% 12.7% 587,833 22.5% 75 + 434,585 5.9% 6.0% 471,254 8.4% Population by Origin 2010 % of Total % Change (2005-2010) 2015 % Change (2010-2015) Total * 7,318,725 100.0% 7.3% 7,695,077 5.1% Born in Canada (Non Immigrant) 4,280,963 58.5% 6.4% 4,435,383 3.6% Born Outside Canada (Immigrant) 2,950,531 40.3% 8.9% 3,172,951 7.5% * The total excludes persons on Indian reserves and settlements but includes non permanent residents, not shown separately. Households by Size 2010 % of Total % Change (2005-2010) 2015 % Change (2010-2015) Total 2,691,769 100.0% 9.8% 2,882,484 7.1% 1 Person 614,487 22.8% 8.0% 648,994 5.6% 2 Persons 766,956 28.5% 9.5% 821,643 7.1% 3 Persons 473,192 17.6% 9.9% 506,839 7.1% 4 to 5 Persons 713,530 26.5% 10.9% 770,321 8.0% 6 or More Persons 123,604 4.6% 13.2% 134,687 9.0% Average Household Size 2.7 2.7 Households by Income * 2010 % of Total 2015 % Change (2010-2015) Total 2,691,769 100.0% 2,882,484 7.1% 0 19,999 316,444 11.8% 248,671 -21.4% 20,000 49,999 637,624 23.7% 531,800 -16.6% 50,000 99,999 900,024 33.4% 883,147 -1.9% 100,000 plus 837,677 31.1% 1,218,866 45.5% Average Household Income $97,046 $125,308 Median Household Income $76,373 $84,718 * Canadian dollars v. Social and cultural Environment What customers like about makeup service is friendly service, good attitude elegant environment, clean fair and reasonable price, highly skilled. Most of women are interested in make-up consultation which will teach them the skills required to apply their own make-up. It is the responsibility of the makeup artist to ensure the safety of the clients while serving them. Since she deals with cosmetics which are primarily made of natural and chemical elements, there exists a risk of health hazards. TRU Colours has had no issues relating to side-effects so far and Rosie in future as well should ensure that all the products she offers are of the highest quality to both herself and the client. She in fact also has a contract that she makes her client go through and signs before offering her services. Rosie Lima mostly works with individuals. Her clients are usually people who need to look their best for a special occasion, such as an awards dinner, beauty pageant, prom night, or wedding. TRU Colours main demographic is women between the ages of 12-35 and predominantly but not limited to bridal makeup. TRU Colours provides avariety of services, each with their own unique benefits. The overall goal of the company is to make women feel beautiful. TRU Colours teaches women proper skin care techniques as well as makeup application skills. vi. Political and Legal Environment A make up certificate / diploma will prove that you have learned the various make up styles, and techniques. It will demonstrate your understanding for knowing the different skin types, and various implications make-up products will have on your clients skin. However, it is possible that you can find work opportunities without any formal education but rather based on your merit, experience and portfolio. Most importantly a make-up certificate / diploma demonstrates that you have the theoretical knowledge behind make-up application. Many employers want to ensure you understand basic hygiene, sanitation, and disease awareness. Make-up artists do not need a license to practice, but they must have some sort of training to work in a spa or salon.à [1]à This training varies from on the job training to actual certificates from community colleges or private make-up schools. There is no licensing required to be a freelance make-up artist in Canada. TRU Colours avoids all legal responsibil ity by ensuring that all clients sign a contract waiving any liability TRU Colours may have in case of emergency. vii. Technological Environment Create and maintain a positive image of professional beauty makeup service, face competition not to lower the price, only to improve service to win customers. While sales and related factors constitute the interaction of how to grasp, and has sales, gross margin is expected to be achieved and with the profit . A beauty salon on the number of daily turnover, investors, operators, it is a very sensitive and the most concern. She is focusing on her potential clients. She also identifies her competitors strength and weaknesses for development. In order to expand her services she should try new avenues in makeup artistry. Her main field is bridal makeup so she could learn different cultural trends regarding makeup. She could consider learning how to work with products such as henna. Henna is a very popular in Indian weddings. If she could adapt to different cultural trends, this would provide new avenues for income. SWOT ANALYSIS: Strengths à ¢Ã¢â ¬Ã ¢ Mobile makeup service à ¢Ã¢â ¬Ã ¢ Time usage à ¢Ã¢â ¬Ã ¢ A wide range of services offered. à ¢Ã¢â ¬Ã ¢ Competitive prices. Weaknesses As a new entrant to the market, TRU Colours lacks brand equity that many of its competitors à ¢Ã¢â ¬Ã ¢ Struggle to appear continually on the edge in terms of fashion and style. à ¢Ã¢â ¬Ã ¢ Large costs associated with a start-up company. Opportunities A steady growing market that is traditionally unaffected by the economic environment. The ability to decrease marginal fixed costs as the customer base grows. Increasing sales opportunities as more people from an individual family frequents TRU Colours. Chances of getting more call flow due to customers references Threats à ¢Ã¢â ¬Ã ¢ Competition from already established chains. à ¢Ã¢â ¬Ã ¢ A change in traffic patterns as they relate. Critical Issues: As it is new established Makeup Artistry So, she is facing competition from established chains Sometimes she has to go out in all weather conditions She is paying for her own training and seminars There are hurdles when get calls from certain people who are not soliciting in close area Receiving calls at uneven time Some homes may not have suitable space available There is need to provide all her own equipment, and it has to be light and easy to man oeuvre from car and into clients homes She needs to take set-up time, journey time and travel expenses into account in your prices She is to take sole responsibility for building up your client base and booking appointments Marketing Objectives Increase the number of clients and thereby increasing business profit. Create awareness about the business in the local market. Update the marketing tools currently used. Implementation of new marketing techniques. Marketing Strategies Target markets:- Positioning Statement: To women who are pressed for time but want to look there best, our TRU Colours is a mobile makeup service that aims to bring out womens beauty at the convenience of their own homes. Rosie Limas target markets will be individual women between the ages of 12-35. She mainly focuses on individualised make-up application for clients who need it on special occasions, such as an awards dinner, beauty pageant, prom night or wedding. Girls between 12-18 will be beginning to learn and experiment with make-up, thus parents may be interested in a make-up consultation session with a professional to teach them proper application techniques. Also, women of all ages may have questions concerning what products are best for their skin, what colours would best compliment their complexion and furthermore, people with bad skin problems may require make-up consultation. This target is women of any age who can afford make-up consultation. Rosie Lima has a vast amount of experience with bridal makeup thus her target is brides to be. These are typical women between 20-30 the average marrying age. These women would require make-up application for themselves as well as their wedding party . This market may offer a variety of unique opportunities. Service Strategy TRU Colours make up artistry is aimed at promoting beauty for women everywhere. TRU Colours main demographic is women between the ages of 12-35 and predominantly but not limited to bridal makeup. TRU Colours provides a variety of services, each with their own unique benefits. The overall goal of the company is to make women feel beautiful. TRU Colours teaches women proper skin care techniques as well as makeup application skills. These makeup services by Rosie Lima offers a number of differential advantages. Rosie has professional training and experience as a makeup artist which gives her an advantage over her competitors. She has a completed portfolio full of examples of her past work experiences. Clients can browse through her portfolio and choose a makeup design of their liking. Rosie Lima also has vast knowledge of various makeup products and how to use them based on different skin types. Clients experience a relaxing makeup application session at their preferred location. Pricing strategies In the make-up artist industry pricing can be determined either by service or hourly. In most salons and spas price is determined by service however freelance make-up artists have the ability to choose either pricing strategy. TRU Colours needs to have a reference price (the industry average price for the service) and then make adjustments accordingly. In the industry prices can start as low as $30 for make-up application for a special event and enter into the $100s. Make-up consultation typically starts around $40.00 an hour increases into the $100.00s.à [2]à These prices are dependent on the reputation of the salon/spa, the reputation and experience of the individual make-up artist and the types of products being used. More prestigious salons/spas set their prices much higher than spas which are just starting out. In make-up the main objective should be product-quality leadership. This is because make-up application services itself is an affordable luxury as many women are capable of applying their own make-up. Having make-up application services is about quality, and luxury. Many women want make-up application services because they want to relax and be pampered through this experience. It is not only about the services itself but also about the atmosphere and total experience it encompasses. TRU Colours charges $45.00 per makeup application service and $35.00 for teenage makeup application. Since she is a freelance makeup artist she does not charge any tax so these rates are based on a cash basis. There is a demand for this service and TRU Colour needs to ensure it does not set its prices too low because this would lead people to question Rosies skills and experience as a make-up artist. The better a make-up artist you are the higher the prices you can set. Thus Rosie should set her prices just above industry standards to ensure that people are confident in her skills as a make-up artist. The estimated costs would be fairly low for a free-lance make-up artist company. This is because the fixed costs are relatively low. The only requirements are a make-up kit with various colours, foundations, primer, toners etc. As make-up brushes. These products are long-lasting and do not require re-placement after each client. There are no employees to pay, or rent as she works out of her home or travels to customers. The variable costs would be the costs of transportation. Thus operating this business would be fairly low in cost. The pricing method selected would be the perceived-value pricing method. This is because customers have a perceived value attached to this service. It depends on the make-up artists experience, training and portfolio that customers will attach a certain value to their service. Promotion Strategies This type of industry requires a variety of promotion strategies. As a result of TRU Colours being an unregistered company most of the promotion will be done through word of mouth. A freelance make-up artist must network as much as possible and promote their business. Networking and promoting are the two most important things to land clients. A makeup artist should create business cards fit for a professional makeup artist. They should be flashy, creative, and different. This is because you are trying to attract the attention of potential clients. You are trying to show that you are creative and flashy especially in this industry. Black and white business cards just do not cut it. You need to show you understand beauty through the art on our business card. Create videos on YouTube. Many women go on YouTube to watch makeup tutorials which teach them new techniques and strategies. Also put your information under the video so they can contact you for an appointment. Also, state your formal education and experience so women see that you are trained and knowledgeable. Create a portfolio and put it in a website online. Many people browse the web for make-up artists and with a portfolio about yourself, your experience and training it could bring in potential clients. Show work that you have done in the past. Put pictures of past clients in your portfolio so potential clients have an idea of your abilities. Put a portfolio on a personal website, myspace or facebook. Social networking websites build credential because friends of friends will be able to check out your work and feel that they can trust you because someone they know, knows you. Perhaps rent a booth at a vendor fair. Bring a few friends with you to model your talents. It will attract attention. Bring your makeup artist portfolio and leave it open for people to browse through. Bring business cards and hand them out to potential clients. Offer discounted rates on make-up services and show how much you usually charge. This way you will build credibility with new clients and they can experience your talents first hand. People will be able to observe your skills and contact you later for an appointment. Collaborate with a spa/ salon. If you know people that work in a salon only specializing in hair or nails tell them to refer their clients to you. Create a few flyers and posters and ask to put them up in their spa. Seeing as the employees in this spa specialize in a different line of work it will not take away business from them and perhaps you can negotiate a deal where they refer clients to you and you refer your clients to them. Leave a copy of your portfolio in their spa/salon so potential clients can glance through it during their hair or nail appointment. This could be beneficial for both you and the salon. Distribution Strategies TRU Colours makeup artistry is a single person company. Rosie Lima is the single employee as well as owner. She provides services out of her own home or in the homes of her clients thus distribution strategies is irrelevant. There is no distribution channel involved in her business as there is no product being sold. Since the service provided requires a set of skills and experience only Rosie is capable of providing set services within her company. Financial Projection Break-Even Analysis Break-Even Analysis Yearly Projection of clients 10 Achieved target in 2009-2010 7 Average revenue $345 Yearly fixed expenditure (eye shadow, foundation, toner, makeup remover) $1,000 Average cost of visiting her clients $24 Breakeven Cost $1,247 Sales forecast Considering the future market projection, that says that make-up artistry market will encounter growth in future. Rosie Limas focus should be expend the categories of service she offer which will help her targeting the numbers and making marking more profits. Assuming the fixed cost for every 7 bridal customers comes out to be $1000 Assuming, she target general make-up customers with the fixed cost for every 10 customers @ $130 and increases by 10% with every year. Sales Forecast for TRU COLOURS Financial Year 2009-2010 2010-2011 2011-2012 2012-2013 Achieved target in 2009-2010 7 8 10 12 Average general clients 0 10 12 14 Total clients 7 18 22 26 Average Revenue 345 380 417 459 Average Revenue 0 45 50 54 Fixed Cost (bridal) 1000 1100 1210 1331 Fixed Cost (general) 0 130 143 157 Variable Cost (Average travelling) 24 24 24 24 Break-even Cost (Bridal) 1247 1646 2468 3588 Break-even Cost (General) 0 80 163 281 Profit (Bridal) 1168 1542 1740 1967 Profit (General) 0 370 431 503 Total Profits 1168 1912 2171 2470 Sales forecast graph Expense Forecast:- Rosie Lima works full-time at Humber college so she do not want to incur any variable cost because she dont want to spend money on marketing as she dont have sufficient manpower to cater the clients. She may come up with that idea sometime later. But for now her expense forecast is calculated in the sales forecast section. Implementation Plan The implementation plan for TRU Colours makeup artistry will have a number of phases to it. In order to fulfill all of the promotion strategies listed, she should outsource her plans to a variety of people. She will require a company which creates and prints business cards. This is important to for networking purposes. When she meets new clients she will be able to present them with a professional, yet creative business card in order to attract attention. She should outsource her advertising to a web-design company. This company will create a professional page on various social networking sites such as MySpace and Facebook Page in order to gain attention and interest in potential clients. She should create a professional website with her portfolio as well as information about her training and experience. As well as a service and pricing list. She should also post her company on local classified listings and websites such as Kijiji and Craigslist. This will help find new clients which will thus expand her company. She should continue working for various bridal shows in order to gain experience and build her reputation. TRU Colours needs to expand by working in more events in order to increase networking which will build a brand name for herself. Also the more experience she has the higher her reputation will increase. Evaluation and Control There are multiple ways to evaluate the progress of TRU Colours makeup artistry. Firstly, she should ask customers to fill out a feedback form. This would be very useful for her to learn how she can improve her own styles and techniques. She could also use these feedback forms as indicators of how well her services are meeting the needs of her clients. At the approval of her clients, she could put positive feedback forms into her portfolio. This will prove her credentials as a makeup artist to potential clients. TRU Colours does not have any recorded financial records. In order to have more control over the company and greater awareness of how much income the company is making and how much she is spending on products (specifically on what products), she should implement a plan to record her finances. She could use a program such as Microsoft outlook or Microsoft excel in order to keep a record of her income and expenditures. TRU Colours should also record i
Saturday, July 20, 2019
Hawthornes Young Goodman Brown â⬠The Romanticism and Realism Essay
ââ¬Å"Young Goodman Brownâ⬠ââ¬â The Romanticism and Realismà à à à à à à à à à à The reader finds in Nathaniel Hawthorneââ¬â¢s ââ¬Å"Young Goodman Brownâ⬠a mix of realism and romanticism, with the former dominating the latter. à Commenting on the presence of romanticism in Hawthorneââ¬â¢s short stories, Morse Peckham in ââ¬Å"The Development of Hawthorneââ¬â¢s Romanticism,â⬠talks about the authorââ¬â¢s usage of romantic themes: à In his early short stories and sketches Hawthorne was particularly concerned with three Romantic themes: guilt, alienation, and historicism. These three are so intimately intertwined in his work, as in most Romantics, that it is extremely difficult to separate them. . . .The Romantic historicist used the past for a double, interconnected purpose. On the one hand it was a means for separating oneself from society.. . . .He can be aware of the failure of the institution to fulfill its avowed intentions and its social function. . . . Romantic historicism, therefore, is never an end in itself but a strategy for placing the current social conditions in an ironic perspective. . . .(91-92) à à Peter Conn in ââ¬Å"Finding a Voice in an New Nationâ⬠comments on the blend of realism and romanticism in Hawthorneâ⬠s short stories: à Almost all of Hawthorneââ¬â¢s finest stories are remote in time or place. The glare of contemporary reality immobillized his imagination. . . .Hawthorne, however, despite his disclaimers, had long since discovered in the early history of his own New England the ruins and gloomy wrongs he found congenial. The elusive geography of romance, that lanscape in which imagination and reality could collaborate in acts of transformation, had perhaps disappeared f rom the bustling commercial world. . . but i... ... Essays, edited by A.N. Kaul. Englewood Cliffs, NJ: Prentice-Hall, Inc., 1966. à Leavis, Q.D. ââ¬Å"Hawthorne as Poet.â⬠In Hawthorne ââ¬â A Collection of Critical Essays, edited by A.N. Kaul. Englewood Cliffs, NJ: Prentice-Hall, Inc., 1966. à Melville, Herman. ââ¬Å"Hawthorne and His Mosses,â⬠The Literary World August 17, 24, 1850. http://eldred.ne.mediaone.net/nh/hahm.html à à ââ¬Å"Nathaniel Hawthorne.â⬠The Norton Anthology: American Literature, edited by Baym et al. à New York: W.W. Norton and Co., 1995. à Peckham, Morse. ââ¬Å"The Development of Hawthorneââ¬â¢s Romanticism.â⬠In Readings on Nathaniel Hawthorne, edited by Clarice Swisher. San Diego, CA: Greenhaven Press, 1996. à Swisher, Clarice. ââ¬Å"Nathaniel Hawthorne: a Biography.â⬠In Readings on Nathaniel Hawthorne, edited by Clarice Swisher. San Diego, CA: Greenhaven Press, 1996. à à à Ã
Friday, July 19, 2019
College Stress Essay -- essays research papers
Typical November nights in a college students residence include cramming obligated to catch for papers due in December, and exams that lurk around the corner on a topic you felt up on sleep for. Deadlines and due dates are non-existent for students until the night before since the preoccupations; partying and overall good times which lack libraries and study sessions, expel more excitement than the adrenaline rush of a chemistry chronicle or a pre-cal problem. At most schools, the days of dorm rules, dress codes, and even mandatory class attendance is long gone. But while freedom can be exciting and fun, it can also be stressful because no one is telling you what to do. You have to make a lot of decisions on your own and readjust your own values and normal life. There are bound to be mistakes, but that is part of the process. College Life is more then just going to school and making the grades that your parents require of you. This is why many students will incur an ailment called s tress. Stress in college is caused by many influencing factors. One of these important factors would have to be the expectations set by parents. Parents can be more then just an annoying voice in your ear every time you come home for the holidays. They are normally the reason you are at your present school , so pleasing them by getting good grades is almost mandatory. This thought of displeasing the parents can be detrimental to oneââ¬â¢s thought process; meaning that it most likely would cause a wor...
Impact of Self Esteem on Daily Life Essay -- Confidence
This paper is about the impact of self-esteem on daily life. The more negative thoughts and feelings you have about yourself, the lower your self-esteem. People with low self-esteem often have little confidence in their abilities and question their self-worth. A common scenario, which exemplifies a lack of self-esteem, features college students who say, "It won't do any good to study. I won't make a good grade anyway." These students think they are doomed to failure because of poor performance in the past or their current fears of failure. Consequently, their lack of self-confidence results in passivity with little or no effort to establish goals. Even when they do make worthwhile accomplishments, these students perceive that the performance of other students looks better in comparison. They let events happen to them instead of making them happen and minimize their successes. As a result, these students feel little control over their lives and often find it difficult to set goals and develop close personal relationships. On the other hand, high self-esteem consists of the positive thoughts and feelings you have about yourself. In addition, it affects how you think, act, and feel about others, as well as how successful you are in life. The acquisition of high self-esteem involves you becoming the person you want to be, enjoying others more fully, and offering more of yourself to the world. High self-esteem is not competitive or comparative, but rather it is the state where a person is at peace with himself or herself. Self-esteem is the value we place on what we believe to be true about ourselves. Put simply, our self-esteem is how we feel about ourselves. It's an emotion we hold true about ourselves. People with high self-esteem consider themselves worthy, and view themselves as equal to others. They do not pretend to be perfect, recognize their limitations, and expect to grow and improve. Those low in self-esteem generally experience self-rejection, self-dissatisfaction, self-contempt, and self-disparagement. We all have an inner child and the wounds our inner child received can and do continue to contaminate our adult lives. Our parents helped create this inner child part of us, society also helped with the creation. When this child self is not allowed to be heard or even acknowledged as being real, a false or co-dependent self emerges. We begin... ... self-concept, and that it is either positive or negative all of the time. You have many self-images, and they vary from moment to moment. If you were asked, "Do you like yourself?" you might be inclined to lump all of your negative self-thoughts together into a collective "NO." Breaking down the areas of dislike into specifics will give you definite goals to work on. You have feelings about yourself physically, intellectually, socially and emotionally. You have an opinion about your abilities in music, athletics, art, mechanical undertakings, writing, and on and on. Your self-portraits are as numerous as your activities, and through all of these behaviors there is always YOU, the person that you either accept or reject. Your self-worth, that friendly ever-present-shadow--YOU EXIST--YOU ARE HUMAN. That is all you need! Your worth is determined by you, and with no need for an explanation to anyone. Your worthiness, a given, has nothing to do with your behavior and feelings. You ma y not like your behavior in a given instance, but that has nothing to do with your self-worth. You can choose to be worthy to yourself forever, and then get on with the task of working on your self-images.
Thursday, July 18, 2019
What Are the Main Aims and Objectives of Sentencing Within England and Wales? Should Any One Theory Dominate?
What are the main aims and objectives of sentencing within England and Wales? Should any one theory dominate? What are the main aims and objectives of sentencing within England and Wales? Should any one theory dominate? In the criminal justice system, there are many different sentences that can be given to an offender. According to the sentencing statistics in England and Wales (2009) the highest sentence being given is financial penalties with 67. 3% of convicted offenders being given a fine, 14% received community service and 7. 2% of offenders were sentenced to prison.The type and length of a sentence largely depends upon the seriousness of the committed offence and the offender behind it. This essay will look at the main aims and objectives of sentencing, as well as the different theories used within sentencing. Within this essay the question of whether or not a sentence should aim to prevent further crimes or punish offenders as they deserve, will too be discussed. A further fac tor of this essay will look at influential factors within sentencing and the complications that would arise if the system was to be dominated by one theory.To conclude it has been found that one theory simply cannot dominate sentencing within England and Wales as the majority of sentences are tailored around each individual offence and offender, therefore there cannot be a set sentence for a set crime. According to the Criminal Justice Act (2003) there are five main purposes of sentencing an offender. The first is to punish the offender; also known as denunciation. This is the acknowledgement that the behaviour of the offender is not acceptable within society and ensures a consequent punishment.This can be seen as a form of paying back the wrong doing or understanding of what is right and wrong. However Ashworth (2005) arises the underlying question on how this does so and why punishment is seen as an appropriate response to criminal behaviour. The second is to reduce crime this inc ludes its reduction by deterrence. Ashworth (1999) claimed that deterrence aimed to prevent crime by future offenders and the offender in question, by not committing an offence due to fearing the consequent punishment.This can take the form of individual or general deterrence. The next purpose of sentencing is to reform and rehabilitate the offender, this is achieved through many different methods such as; counseling or group therapy. The purpose of this is to change the offendersââ¬â¢ attitudes and behaviours so they desist from crime. (Ashworth 1999) Rehabilitation may also address prior reasons as to why the offender may of committed the offence in the first place and teach the offender to deal with these in an acceptable way.The fourth aim of sentencing is to protect the public from both the offender and further crimes. This is known as incapacitation, the idea of removing the ability from the offender to commit a crime for a length of time, for example; being in prison or un der house arrest. Finally the last purpose of sentencing is for the offender to make amends to the persons affected by their actions. This idea can also be known as restorative. This aims to give an appropriate sentence to the offender, whilst ensuring a balance with the appeasement of the victim.This can be in the form of the offender having to give some sort of financial compensation to the victim or affected persons. When deciding on an appropriate sentence for an offender there are two main theories that dominate. These theories individually question whether or not it is best to punish the offender or treat the offender. Retributivism is the first, otherwise known as backward looking, and secondly is Reductivism, know as forward looking. Retributivism is the idea that an offendersââ¬â¢ punishment should fit the crime that was committed.Otherwise referred to as ââ¬Ëan eye for an eyeââ¬â¢ approach. Proportionality is the essence of the retributivist theory. Von Hirsch (19 81) quoted that ââ¬Ëthe severity of the punishment should be commensurate with the seriousness of the wrongââ¬â¢ he also stated that there were two types of proportionality. The first being Ordinal, this is how offences are ranked in accordance to their seriousness, and the offence ranked at the top will in turn receive the highest punishment. The second type of proportionality is Cardinal, this is how punishments are ranked in accordance to seriousness.This idea has set sentences for set crimes therefore ignoring the offenders circumstances. Reductivism aims to prevent future offences with the main aim of creating the greatest happiness for the greatest number. Reductivism consists of three main ideas; deterrence, rehabilitation and incapacitation. Ashworth (1998. 44) quoted that; ââ¬ËDeterrence seeks to further the aim of crime prevention by setting the sentence so that it is sufficient to deter the convicted offender. ââ¬â¢ This idea is known as individual deterrence, general eterrence differs from this, as instead of focusing on preventing the offender in question from offending again, general deterrence focuses on preventing potential offenders from committing a crime due to them being fearful of the crimes consequential punishment. Incapacitation is the idea of preventing an offender from committing a future crime by making it impossible for them to do so. For example; being in prison prevents the offender from being able to commit another crime.This idea is used for offenders who are not deemed as ââ¬Ëcurableââ¬â¢. This goes against the retributivist idea that punishments should follow a committed offence by punishing a person in order to prevent an offence. The third aim of reductivism, is rehabilitation. This is the idea that the offenders behaviours can be altered through methods such as cognitive behavioural therapy and family intervention. Rehabilitation in practise can be seen in the case of Venables and Thompson.The Times report ed that ââ¬ËOne of the most comprehensive care plans was drawn up for young offenders by the Department of Health which aimed to rehabilitate the boys and prevent them becoming institutionalisedââ¬â¢. This plan included rehabilitation techniques such as counselling and learning techniques to control their behaviour. As both young offenders were released just 8 years after the murder this would prove the technique some what successful. However this can not be generalised to adult offenders.An important factor that influences sentencing in England and Wales is the offendersââ¬â¢ age. In 2009 5. 8% of offences were committed by under 18s. (Sentencing Statistics). According to Gordon (1999. 92-93) when sentencing a juvenile the courts aims of the sentence should also take the following into account; whether or not the juvenile is young and possibly immature, if they are socially or educationally disadvantaged and finally, if they are at a critical stage in their personal develo pment.When sentencing a juvenile both theories are applied however in some cases the reductivist approach seems to dominate. The Detention and Training order is the main custodial sentence for offenders ages 12-17, this aims to split the sentence to include both a custodial part and part served under the supervision in a community, with the primary concern on rehabilitating the offender therefore being dominated by the reductivist approach.After discussing the aims and objectives of sentencing and the theories based on the aims, it is clear that one theory simply cannot dominant sentences as there are too many influential factors, and one theory working could not be generalised to work on all offenders due to the level of differences between offenders and offences. Some influential factors include; previous convictions, whether or not the offender shows any remorse, the plea and various others. Furthermore to this, a system would not work based on one theory.For example if the syste m was based on deterrence, the courts would need information on each individuals circumstances and character in order to sentence accordingly, persistent offenders would have increased punishments therefore meaning the sentencing system would have no consistency as each sentence would be based on the offender in question. (Ashworth 1998. 45). In Conclusion, after reviewing the two main theories of sentencing in terms of the main aims objectives set by the Criminal Justice Act, it is clear that each one takes some of the aims and objectives into account.However neither has a proposed way of dealing with offenders that addresses all the aims and objectives. Before it is possible for one theory of sentencing to be established as a dominant theory, the question of; whether or not sentencing should primarily punish or treat the offender needs to be answered. However there cannot be a general answer to this, as it will always be a debateable topic, as each sentence depends on each individ ual offender and the individual offence, therefore making a categorisation of whether or not specific crimes should be treated based on the retributivism theory or the reductivism theory cannot be done.A combination of both theories, aiming to punish and treat the offender in order to prevent further offences would seem the best solution, however in some cases this would not be the best solution. BIBLIOGRAPHY Ashworth A, Von Hirsch A, 2005,Proportionate Sentencing, Exploring the principles , Oxford, Oxford University Press Ashworth A, Von Hirsch A, 1998, Principled Sentencing, Readings on Theory and Policy, Hart Publishing Cavadino M, Dignan J, 2006, Penal Systems, A comparative Approach London, Sage Publications Criminal Justice Act 2003Gordan W, Cuddy P, Black J, 1999, Introduction to Youth Justice, Incorporating Introduction to the Youth Court, Winchester, Waterside Press Gross H, Von Hirsch A, 1981 , Sentencing , Oxford, Oxford University Press http://www. justice. gov. uk/sente ncingannual. htm (Sentencing Statistics England and Wales 2009) http://www. timesonline. co. uk/tol/news/uk/crime/article7054623. ece
Wednesday, July 17, 2019
Real World
certain valet de chambre cyber crime cases This document is an kindle from the entertain Cyber shame & digital inference Indian perspective authored by Rohas Nagpal. This book is avail fit as coursew atomic number 18 for the Diploma in Cyber justice and PG Program in Cyber Law conducted by Asian School of Cyber Laws www. asian rectitudes. org Cyber abhorrence & digital essay Indian purview 23. Real World encases This chapter serves as a ready reference guide. First the non-homogeneous scenarios argon maskinged. A detai lead backchat on the mixed cyber crimes, is covered in the ASCL nationalation tit take Understanding Hackers and Cyber Criminals.This is provided as official coursew ar for the ASCL Certified Cyber offence police detective course. Then the applicable police and effective liabilities be covered. Then the modus operandi usu wholey followed by the shepherds crooks is discussed. The investigation guidelines for cyber crime investigators be non d iscussed in this book as they argon part of the syllabus of the ASCL Certified Cyber annoyance investigator course only. For veridical universe case studies on investigation of cyber crimes, am custom refer to the ASCL publication titled Case Studies on Cyber curse Investigation.This is provided as official coursewargon for the ASCL Certified Cyber aversion Investigator course. 130 2008 Rohas Nagpal. any(prenominal) rights reserved. Cyber evil & digital evidence Indian persuasion 23. 1 Orkut Fake Profile cases Orkut. com is a really popular online club and mixer meshing weavesite. Orkut expendrs great deal search for and interact with plurality who sub divide the same hobbies and interests. They clear induce and link up a wide variety of online communities. The composes of Orkut members ar publicly viewable. The scenarios 1. A juke joint indite of a muliebrity is take a shitd on Orkut.The visibleness displays her correct yell and make reading (such as portion expose, residential ph star number, electric cell send for number and so on. Sometimes it take down has her photograph. The problem is that the profile describes her as a prostitute or a woman of loose character who wants to pick up internal relations with anyone. Other Orkut members see this profile and start calling her at all hours of the day asking for sexual favours. This leads to a destiny of harassment for the dupe and in want manner defames her in society. 2. An online hate community is created.This community displays objectionable culture a clearst a incident country, phantasmal or ethnic grouping or even a agnisest national leaders and historical figures. 3. A fake profile of a man is created on Orkut. The profile contains denigrating knowledge abut the dupe (such as his say sexual weakness, alleged immoral character and so forth The honor Scenario 1 Section 67 of randomness technology telephone number and ingredient 509 of the I ndian penal inscribe. Scenario 2 Section 153A and 153B of Indian penal Code. Scenario 3 Section 500 of Indian punishable Code. Who is unresistant?Scenario 1 Directors of Orkut as puff up as all those who create and update the fake profile. Scenario 2 equal as Scenario 1. Scenario 3 Same as Scenario 1. 2008 Rohas Nagpal. totally rights reserved. 131 Cyber Crime & digital testify Indian horizon The root word Scenario 1 Jealousy or revenge (e. g. the dupe whitethorn rent rejected the advances do by the funny). Scenario 2 Desire to begin racial hatred (e. g. Pakistani citizens creating an anti-India online community). Scenario 3 Hatred (e. g. a school bookman who has failed whitethorn dupeize his teachers).Modus Operandi 1. The shady would create a easy Gmail write up apply a fabricated aro commit. 2. The electronic mail ID elect by him would be unrelated to his real identity. 3. The shadowy would whence login to Orkut. com and create the offensive profi le. 132 2008 Rohas Nagpal. whole rights reserved. Cyber Crime & digital demo Indian eyeshot 23. 2 e-mail Account Hacking Emails atomic number 18 increasingly creation used for social interaction, commerce sector dialogue and online feats. just about e-mail deem holders do non take basic precautions to nurse their e-mail level word of honors.Cases of theft of e-mail passwords and subsequent misuse of electronic mail reckons are becoming very green. The scenarios 1. The victims netmail account password is stolen and the account is whence utilise for sending pop out vindictive grave (computer computer virus, worm, Trojan and so on to people in the victims address book. The recipients of these viruses believe that the telecommunicate is coming from a cognise person and run the attachments. This infects their entropy processors with the malicious grave. 2. The victims email account password is stolen and the cyberpunk tries to deform cash from the vi ctim.The victim is baneened that if he does non pay the money, the randomness contained in the emails go out be utilize. 3. The victims email account password is stolen and obscene emails are direct to people in the victims address book. The legality Scenario 1 Sections 43 and 66 of study engineering Act. Scenario 2 Sections 43 and 66 of education engine room Act and section 384 of Indian punishable Code. Scenario 3 Sections 43, 66 and 67 of Information engineering Act and section 509 of the Indian Penal Code. Who is credible(p)?Scenario 1 Persons who pay back stolen the email account password and who are mis exploitation the email account. Scenario 2 Persons who fox stolen the email account password and who are threatening to misuse it. 2008 Rohas Nagpal. All rights reserved. 133 Cyber Crime & Digital endorse Indian office Scenario 3 Persons who start stolen the email account password and who are mis exploitation the email account. The reason Scenario 1 Corpor ate Espionage, perverse joy in initiation able to drop valuable teaching belonging to strangers etc. Scenario 2 sinful pecuniary win.Scenario 3 Revenge, jealousy, hatred. Modus Operandi 1. The funny would install keyloggers in public computers (such as cyber cafes, airport lounges etc) or the computers of the victim. 2. unsuspicious victims would login to their email accounts victimisation these infected computers. 3. The passwords of the victims email accounts would be emailed to the suspicious. 134 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital yard Indian Perspective 23. 3 Credit tantalise postiche Credit vizors are habitually world used for online involution of airline and railway tickets and for different ecommerce transactions.Although just about of ecommerce websites have implemented strong security measures (such as SSL, secure web servers etc), instances of realization card frauds are increasing. The scenario The victims computer ad dress card study is stolen and use for making online purchases (e. g. airline tickets, package, subscription to big websites etc). The law Sections 43 and 66 of Information engine room Act and section 420 of Indian Penal Code. Who is credible? All persons who have stolen the consultation card information as intumesce as those who have misused it. The agent Illegal monetary gain.Modus Operandi Scenario 1 The hazard would install keyloggers in public computers (such as cyber cafes, airport lounges etc) or the computers of the victim. Un peculiaring victims would use these infected computers to make online transactions. The credit card information of the victim would be emailed to the suspect. Scenario 2 Petrol pump attendants, workers at sell outlets, hotel waiters etc none down information of the credit cards used for making requital at these establishments. This information is sold to criminal gangs that misuse it for online frauds. 2008 Rohas Nagpal. All rights rese rved. 135 Cyber Crime & Digital endorse Indian Perspective 23. 4 Online Share Trading Fraud With the advent of dematerialization of treats in India, it has become authorization for investors to have demat accounts. In close cases an online banking account is linked with the share trading account. This has led to a high number of online share trading frauds. The scenario Scenario 1 The victims account passwords are stolen and his accounts are misused for making fraudulent bank transfers.Scenario 2 The victims account passwords are stolen and his share trading accounts are misused for making unauthorised transactions that termination in the victim making losses. The law Scenario 1 Sections 43 and 66 of Information engine room Act and section 420 of Indian Penal Code. Scenario 2 Sections 43 and 66 of Information engineering Act and section 426 of Indian Penal Code. Who is likely? Scenario 1 All persons who have stolen the account information as sound as those who have misuse d it. Scenario 2 All persons who have stolen the account information as healthy as those who have misused it.The demand Scenario 1 Illegal pecuniary gain Scenario 2 Revenge, jealousy, hatred Modus Operandi Scenario 1 The suspect would install keyloggers in public computers (such as cyber cafes, airport lounges etc) or the computers of the victim. Unsuspecting victims would use these infected computers to login to their online banking and share trading accounts. The passwords and brisk(prenominal) information of the victim would be emailed to the suspect. Scenario 2 Same as scenario 1. 136 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital recite Indian Perspective 3. 5 Tax Evasion and cash Laundering Many unscrupulous stage production line community and money launderers (havala operators) are exploitation realistic as well as somatic store media for conceal information and records of their outlawed business. The scenario Scenario 1 The suspect uses pe rsonal repositing media for covert the information e. g. hard drives, floppies, USB drives, expeditious phone entrepot cards, digital television camera memory cards, CD ROMs, DVD ROMs, iPods etc. Scenario 2 The suspect uses practical(prenominal) transshipment center media for hiding the information e. g. mail accounts, online briefcases, transfer sites, Gspace etc. The law Scenario 1 Depending upon the case, eatable of the Income Tax Act and measure of currency Laundering Act go forth apply. Scenario 2 Depending upon the case, provisions of the Income Tax Act and Prevention of Money Laundering Act w ailing apply. Who is liable? Scenario 1 information. The person who hatchs the Scenario 2 The person who hides the information. If the operators of the virtual retentiveness rapidity do non cooperate in the investigation, wherefore they in any case become liable.The develop Scenario 1 Illegal financial gain Scenario 2 Illegal financial gain Modus Operandi Scenario 1 Th e suspect would purchase trivial store devices with large data storage capacities. Scenario 2 The suspect would open free or paid accounts with online storage providers. 2008 Rohas Nagpal. All rights reserved. 137 Cyber Crime & Digital essay Indian Perspective 23. 6 Source Code Theft Computer acknowledgment code is the to the highest degree important asset of computer computer parcel program companies. Simply put, source code is the scheduling instructions that are compiled into the executable files that are sold by package development companies.As is expected, most(prenominal) source code thefts take place in package program companies. Some cases are in like manner describe in banks, manufacturing companies and other organisations who gravel pi caboodle software developed for their use. The scenario Scenario 1 The suspect (normally an employee of the victim) splays the source code and sells it to a business rival of the victim. Scenario 2 The suspect (usuall y an employee of the victim) steals the source code and uses it as a creation to make and sell his own chance variable of the software. The law Scenario 1 Sections 43, 65 and 66 of the Information applied science Act, section 63 of the Copyright Act.Scenario 2 Sections 43, 65 and 66 of the Information applied science Act, section 63 of the Copyright Act. Who is liable? Scenario 1 The persons who steal the source code as well as the persons who purchase the stolen source code. Scenario 2 The persons who steal the source code. The need Scenario 1 Illegal financial gain. Scenario 2 Illegal financial gain. Modus Operandi Scenario 1 If the suspect is an employee of the victim, he would usually have luff or indirect irritate to the source code. He would steal a copy of the source code and hide it using a virtual or physical storage device. 138 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence Indian Perspective If the suspect is non an employee of the victi m, he would hack into the victims servers to steal the source code. Or he would use social engineering to pound unauthorised access to the code. He would past contact potential vendees to make the ex switch. Scenario 2 If the suspect is an employee of the victim, he would usually have direct or indirect access to the source code. He would steal a copy of the source code and hide it using a virtual or physical storage device. If the suspect is not an employee of the victim, e would hack into the victims servers to steal the source code. Or he would use social engineering to get unauthorised access to the code. He would then modify the source code (either himself or in association with other programmers) and effectuate his own software. 2008 Rohas Nagpal. All rights reserved. 139 Cyber Crime & Digital Evidence Indian Perspective 23. 7 Theft of Confidential Information Most business organisations store their sensitive information in computer systems. This information is leade d by rivals, criminals and whatevertimes disgruntle employees.The scenario Scenario 1 A business rival get downs the information (e. g. auditor quotations, business plans etc) using hacking or social engineering. He then uses the information for the expediency of his own business (e. g. quoting lower rank for the tender). Scenario 2 A criminal obtains the information by hacking or social engineering and threatens to make the information public unless the victim pays him some money. Scenario 3 A disgruntled employee steals the information and mass mails it to the victims rivals and in any case posts it to numerous websites and youthfulsgroups.The law Scenario 1 Sections 43 and 66 of the Information applied science Act, section 426 of Indian Penal Code. Scenario 2 Sections 43 and 66 of the Information applied science Act, section 384 of Indian Penal Code. Scenario 3 Sections 43 and 66 of the Information Technology Act, section 426 of Indian Penal Code. Who is liable? Scenari o 1 The persons who steal the information as well as the persons who misuse the stolen information. Scenario 2 The persons who steal the information as well as the persons who threaten the victim and extort money.Scenario 3 The disgruntled employee as well as the persons who help him in take and distributing the information. The antecedent Scenario 1 Illegal financial gain. Scenario 2 Illegal financial gain. Scenario3 Revenge. one hundred forty 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence Indian Perspective Modus Operandi Scenario 1 The suspect could hire a skilled hacker to break into the victim systems. The hacker could in addition use social engineering techniques. model A very good flavour woman went to meet the system executive director (sysadmin) of a large company.She interviewed the sysadmin for a cartridge article. During the interview she flirted a potful with the sysadmin and while leaving she accidentally left(a) her pen drive at the sysadmins room. The sysadmin accessed the pen drive and saw that it contained numerous some other(prenominal) photographs of the lady. He did not realize that the photographs were Trojanized erstwhile the Trojan was in place, a kitty of sensitive information was stolen very easily. parable The sysadmin of a large manufacturing company sure a beautifully packed CD ROM containing security updates from the company that developed the operational system that ran his companys servers.He installed the updates which in reality were Trojanized software. For 3 years after that a lot of confidential information was stolen from the companys systems Scenario 2 Same as scenario 1. Scenario 3 The disgruntled employee would usually have direct or indirect access to the information. He can use his personal computer or a cyber cafe to counterpane the information. 2008 Rohas Nagpal. All rights reserved. 141 Cyber Crime & Digital Evidence Indian Perspective 23. 8 software Piracy Many peo ple do not contract software buccaneering to be theft.They would neer steal a rupee from someone but would not think twice before using literary brigandd software. There is a common cognition amongst normal computer users to not consider software as home. This has led to software plagiarization becoming a flourishing business. The scenario Scenario 1 The software pirate sells the pirated software in physical media (usually CD ROMs) through a close mesh topology of dealers. Scenario 2 The software pirate sells the pirated software through electronic transfers through websites, publicise boards, newsgroups, netmail emails etc.The law Scenario 1 Sections 43 and 66 of the Information Technology Act, section 63 of Copyright Act. Scenario 2 Sections 43 and 66 of the Information Technology Act, section 63 of Copyright Act. Who is liable? Scenario 1 The software pirate as well as the persons who buy the pirated software from him. Scenario 2 The software pirate as well as the pers ons who buy the pirated software from him. The motive Scenario 1 Illegal financial gain. Scenario 2 Illegal financial gain. Modus Operandi Scenario 1 The suspect uses high speed CD duplication equipment to create multiple copies of the pirated software.This software is sold through a profits of computer hardware and software vendors. Scenario 2 The suspect registers a field of crush defecate using a fabricated trope and then legions his website using a armed service provider that is based in a country that does not have cyber laws. such(prenominal) service providers do not exhibit client information to law enforcement officials of other countries. 142 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence Indian Perspective 23. 9 harmony Piracy Many people do not consider euphony piracy to be theft.They would never steal a rupee from someone but would not think twice before get or using pirated medicament. There is a common perception amongst people us ers to not consider music as property. There is a big business in music piracy. Thousands of unscrupulous businessmen sell pirated music at cat away prices. The scenario Scenario 1 The music pirate sells the pirated music in physical media (usually CD ROMs) through a close lucre of dealers. Scenario 2 The music pirate sells the pirated music through electronic downloads through websites, bare boards, newsgroups, spam emails etc.The law Scenario 1 Sections 43 and 66 of the Information Technology Act, section 63 of Copyright Act. Scenario 2 Sections 43 and 66 of the Information Technology Act, section 63 of Copyright Act. Who is liable? Scenario 1 The music pirate as well as the persons who buy the pirated software from him. Scenario 2 The music pirate as well as the persons who buy the pirated software from him. The motive Scenario 1 Illegal financial gain. Scenario 2 Illegal financial gain. Modus Operandi Scenario 1 The suspect uses high speed CD duplication equipment to create multiple copies of the pirated music.This music is sold through a network of dealers. Scenario 2 The suspect registers a domain name using a unreal name and then hosts his website using a service provider that is based in a country that does not have cyber laws. Such service providers do not divulge client information to law enforcement officials of other countries. 2008 Rohas Nagpal. All rights reserved. 143 Cyber Crime & Digital Evidence Indian Perspective 23. 10 Email Scams Emails are fast advance as one of the most common methods of confabulation in the modern world.As can be expected, criminals are too using emails extensively for their outlawed activities. The scenario In the first step, the suspect convinces the victim that the victim is going to get a lot of money (by way of winning a lottery or from a countermine African bureaucrat who wants to transfer his ill gotten gains out of his home country). In rank to convince the victim, the suspect sends emails (some having official aspect documents as attachments). Once the victim believes this story, the suspect asks for a small fee to cover legal expenses or courier charges.If the victim pays up the money, the suspect stops all contact. The law Section 420 of Indian Penal Code Who is liable? The sender of the email. The motive Illegal financial gain. Modus Operandi The suspect creates email accounts in fictitious names and sends out millions of fraudulent emails using powerful spam software. 144 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence Indian Perspective 23. 11 Phishing With the tremendous increase in the use of online banking, online share trading and ecommerce, there has been a corresponding growth in the ncidents of phishing organism used to carry out financial frauds. Phishing involves fraudulently acquiring sensitive information (e. g. passwords, credit card details etc) by masquerading as a self-assertioned entity. The scenario Scenario 1 The victim r eceives an email that appears to have been sent from his bank. The email urges the victim to click on the link in the email. When the victim does so, he is taken to a secure scalawag on the banks website. The victim believes the web foliate to be veritable and he enters his username, password and other information.In reality, the website is a fake and the victims information is stolen and misused. The law Sections 43 and 66 of Information Technology Act and sections 419, 420 and 468 of Indian Penal Code. Who is liable? All persons problematical in creating and sending the fraudulent emails and creating and affirming the fake website. The persons who misuse the stolen or phished information are likewise liable. The motive Illegal financial gain. Modus Operandi The suspect registers a domain name using fictitious details. The domain name is usually such that can be misused for spoofing e. g. Noodle Bank has its website at www. oodle. com The suspects can target Noodle customers using a domain name like www. noodle-bank-customerlogin. com The suspect then sends spoofed emails to the victims. e. g. the emails may appear to come from emailprotected com The fake website is designed to bearing exactly like the original website. 2008 Rohas Nagpal. All rights reserved. 145 Cyber Crime & Digital Evidence Indian Perspective 23. 12 Cyber vulgarism Cyber smut fungus is believed to be one of the largest businesses on the Internet today. The millions of adult websites that flourish on the Internet are testimony to this. bit pornography per se is not ineligible in many countries, child pornography is strictly under-the-counter in most nations today. Cyber pornography includes pornographic websites, pornographic magazines produced using computers (to publish and print the material) and the Internet (to download and transmit pornographic pictures, photos, writings etc). The scenario The suspect accepts online payments and allows paying customers to view / downl oad pornographic pictures, videos etc from his website. The law Section 67 of Information Technology Act. Who is liable? The persons who create and maintain the pornographic websites are liable.In some cases cyber cafe owners and managers may also be liable in case they wittingly allow their customers to access the pornographic websites. The motive Illegal financial gain. Modus Operandi The suspect registers a domain name using fictitious details and hosts a website on a server located in a country where cyber pornography is not illicit. The suspect accepts online payments and allows paying customers to view / download pornographic pictures, videos etc from his website. 146 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence Indian Perspective 23. 3 Online sales agreement of Illegal Articles It is becoming increasingly common to find cases where sale of narcotics drugs, weapons, wildlife etc. is being facilitated by the Internet. Information about the handi ness of the products for sale is being posted on auction websites, bulletin boards etc. The scenario The suspect posts information about the illegal sale that he seeks to make. possible customers can contact the seller using the email IDs provided. If the buyer and seller trust each other after their email and / or telephonic conversation, the actual transaction can be concluded.In most such cases the buyer and seller leave meet depend to face at the time of the nett transaction. Illustration In March 2007, the Pune plain police cracked down on an illegal rave party and arrested hundreds of illegal drug users. The social networking site, Orkut. com, is believed to be one of the modes of communication for gathering people for the illegal drug party. The law Depending upon the illegal items being transacted in, provisions of the Narcotic Drugs and Psychotropic Substances Act, accouterments Act, Indian Penal Code, Wildlife related laws etc may apply. Who is liable?The persons who buy and sell these items. The motive Illegal financial gain. Modus Operandi The suspect creates an email ID using fictitious details. He then posts messages, about the illegal products, in various chat room, bulletin boards, newsgroups etc. Potential customers can contact the seller using the email IDs provided. If the buyer and seller trust each other after their email and / or telephonic conversation, the actual transaction can be concluded. In most such cases the buyer and seller will meet face to face at the time of the final transaction. 2008 Rohas Nagpal. All rights reserved. 147 Cyber Crime & Digital Evidence Indian Perspective 23. 14 Use of Internet and Computers by Terrorists Many terrorists are using virtual as well as physical storage media for hiding information and records of their illicit business. They also use emails and chat rooms to communicate with their counterparts around the globe. The scenario The suspects carry laptops wherein information relating to the ir activities is stored in encrypted and password protected form. They also create email accounts using fictitious details. In many cases, one email account is shared by many people.E. g. one terrorist composes an email and saves it in the design folder. Another terrorist logs into the same account from another city / country and reads the saved email. He then composes his reply and saves it in the gulp folder. The emails are not actually sent. This makes email tracking and tracing almost impossible. Terrorists also use physical storage media for hiding the information e. g. hard drives, floppies, USB drives, mobile phone memory cards, digital camera memory cards, CD ROMs, DVD ROMs, iPods etc. They also use virtual storage media for hiding the information e. g. mail accounts, online briefcases, FTP sites, Gspace etc. The law Terrorists are covered by conventional laws such as Indian Penal Code and special principle relating to terrorism. Who is liable? Terrorists as well as those who help them to protect their information are liable. If email service providers do not assist the law enforcement personnel in the investigation then they are also legally liable. The motive Keeping terrorism related information confidential. Secure communication amongst terrorist group members. Modus Operandi The terrorists purchase small storage devices with large data storage capacities.They also purchase and use encryption software. The terrorists may also use free or paid accounts with online storage providers. 148 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence Indian Perspective 23. 15 Virus Attacks Computer viruses are malicious programs that destroy electronic information. As the world is increasingly becoming networked, the threat and damage caused by viruses is growing by leaps and bounds. The scenario Scenario 1 The virus is a planetary in the wild virus. This means that it is feast all over the world and is not targeted at any specific org anisation.Scenario 2 The virus targets a especial(a) organisation. This font of a virus is not known to anti-virus companies as it is a new virus created specifically to target a particular organisation. The law Scenario 1 Sections 43 and 66 of Information Technology Act and section 426 of Indian Penal Code. Scenario 2 Sections 43 and 66 of Information Technology Act and section 426 of Indian Penal Code. Who is liable? Scenario 1 The occasion of the virus. Scenario 2 The creator of the virus as well as the buyer who purchases the virus (usually to target his business rivals).The motive Scenario 1 Thrill and a perverse pleasure in destroying data belonging to strangers. Scenario 2 Illegal business rivalry. financial gain, revenge, Modus Operandi Scenario 1 A exceedingly skilled programmer creates a new type or caudex of virus and releases it on the Internet so that it can spread all over the world. be a new virus, it goes undetected by many anti-virus software and hence is able to spread all over the world and cause a lot of damage. Anti-virus companies are usually able to find a solution within 8 to 48 hours. 2008 Rohas Nagpal. All rights reserved. 149 Cyber Crime & Digital Evidence Indian Perspective Scenario 2 A highly skilled programmer creates a new type or strain of virus. He does not release it on the Internet. Instead he sells it for a huge amount of money. The buyer uses the virus to target his rival company. Being a new virus, it may be undetected by the victim companys anti-virus software and hence would be able to cause a lot of damage. Anti-virus companies may never get to know about the existence of the virus. 150 2008 Rohas Nagpal. All rights reserved. Cyber Crime & Digital Evidence Indian Perspective 3. 16 Web Defacement Website defacement is usually the substitution of the original home scalawag of a website with another page (usually pornographic or defamatory in nature) by a hacker. Religious and government sites are regularly t argeted by hackers in lodge to display governmental or religious beliefs. Disturbing images and offensive phrases might be displayed in the process, as well as a signature of sorts, to show who was liable for the defacement. Websites are not only defaced for political reasons, many defacers do it just for the thrill.The scenario The homepage of a website is replaced with a pornographic or defamatory page. In case of Government websites, this is most commonly done on emblematic days (e. g. the Independence day of the country). The law Sections 43 and 66 of Information Technology Act In some cases section 67 and 70 may also apply. Who is liable? The person who defaces the website. The motive Thrill or a perverse pleasure in inciting communal disharmony. Modus Operandi The defacer may exploit the vulnerabilities of the operating system or applications used to host the website.This will allow him to hack into the web server and change the home page and other pages. Alternatively he may launch a brute force or dictionary attack to obtain the administrator passwords for the website. He can then connect to the web server and change the webpages. 2008 Rohas Nagpal. 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