June 30, 2003
A Citizen's Guide on Using the Freedom of Information Act

A Citizen's Guide on Using The Freedom of Information Act and the Privacy Act of 1974 to Request Government Records (text version, pdf version), First Report by the Committee on Government Reform, June 23, 2003, House Report 108-172.

  • The Freedom of Information Act

  • Privacy Act of 1974

  • Notification of Risk to Personal Data Act Introduced

    On June 26, Sen. Dianne Feinstein (D-Calif.) introduced legislation, S. 1350 (the Notification of Risk to Personal Data Act) "to require businesses or government agencies to notify individuals if a database has been broken into and personal data has been compromised, including Social Security numbers, driver's licenses and credit cards. The bill is modeled, in part, on a California law that will come into effect on July 1."

  • Press release: Senator Feinstein Seeks to Ensure Individuals are Notified when Personal Information is Stolen from Databases

  • From CNN: "The stipulations of the bill are in direct conflict with efforts by the Bush administration to keep such details hidden from the public, in the hope that hacking victims will notify the FBI and other government agencies when such incidents occur. The FBI director and some top U.S. prosecutors told technology executives recently that they will increasingly work to keep the secret the names of companies that fall victim to major hacking attacks."
  • In related news, see my previous posting, The Long Reach of California Privacy Law, here
  • .

    Permanent Link       Topic(s): Cybercrime, ID Theft, Privacy
    Risks of Using Employer E-Mail for Personal Use

    Perk, and peril, in employees' attachment to e-mail: "For much of the working population, e-mail is not only available but indispensable, a tool not just for work but for maintaining personal bonds....many workers are accustomed to using a work computer and e-mail address to stay in touch with friends and family in the course of the day. Yet with the convenience comes risk. Although many people are aware that they may be sacrificing privacy by using workplace e-mail, they are sometimes indiscreet in what they write."

    Permanent Link       Topic(s): E-Mail, Privacy
    New PCs To Include Digital Rights Monitoring Controls

    A Safer System for Home PC's Feels Like Jail to Some Critics. "As PC makers prepare a new generation of desktop computers with built-in hardware controls to protect data and digital entertainment from illegal copying, the industry is also promising to keep information safe from tampering and help users avoid troublemakers in cyberspace."

    For related information, see my recent posting, Microsoft and Privacy Initiative.

    Permanent Link       Topic(s): Digital Rights, Privacy
    Univ. of FL Launches Anti-Piracy System

    From the Gainsvilles Sun: "In an effort to squelch the illegal sharing of copyrighted files in its residence halls, the University of Florida simultaneously launched an Internet piracy awareness campaign in the dorms and a new computer management system called ICARUS, which stands for Integrated Control Application for Restricting User Services. ICARUS monitors the UF computing network and detects when students in the residence halls are sharing a large number of files...It then "pulls the plug" on the offending dataport, cutting the student off from communication outside of UF and sending a pop-up message explaining why."

    See also, RIAA Prepares for Extensive Legal Action Against File Sharers and USC May Assist RIAA In Prosecuting File-Sharing Violations.

    Permanent Link       Topic(s): Copyright
    PC Privacy Protection for Home and Work

    3 to Spy on Those You Love: A review of Guardian Software's Guardian Monitor 8.0 ($40, www.guardiansoftware.com), Spytech Software's SpyAgent4.4 ($50, www.spytech-web.com) and Xelerate Software's SpyPC 7.0 ($40, www.xelerate.biz).

    See also, Can Internet 'Washer' Programs Keep Web Surfing Private?

    Permanent Link       Topic(s): Privacy
    Google Toolbar Adds Pop-Up Blocker and Blogging Tool

    The Google Toolbar Beta 2.0 introduced last week includes three major new features: a pop-up ad blocker, a tool that automatically fills-out those ubiquitous web forms requiring personal data, and a "blog this" button to post to a blog. See also the Google Toolbar Beta 2.0 Help Index and the Google Toolbar Frequently Asked Questions.

    Permanent Link       Topic(s): Blogs, Search Engines
    Rep. Sanders and Freedom to Read Protection Act

    On June 23, Congressman Sanders of Vermont addressed the issue of the Freedom to Read Protection Act at the joint conference of the American Library Association and Canadian Library Association at their General Assembly Program in Toronto.

  • Text of Sander's statement.

  • June 27, 2003
    Program to Ensure Public Access to Federally Funded Research

    From the press release:

  • The Public Library of Science is a San Francisco-based non-profit organization of scientists committed to making the world's scientific and medical literature a public resource. Since October 2000, more than 30,000 scientists, including 13 Nobel Laureates have supported the Public Library of Science and its mission. More information about PLoS, including materials for the awareness campaign, can also be found at the website.

  • The campaign received a substantial boost today when Representative Martin O. Sabo (D-MN) announced that he is drafting legislation (the Public Access to Science Act) that would put publications describing research substantially funded by taxpayer dollars into the public domain.

  • To amend title 17, United States Code, to exclude from copyright protection works resulting from scientific research substantially funded by the Federal Government, H.R. 2613, introduced 6/26/03.


  • Commentary on Supreme Court Internet Filtering Decision

    Justices Put Access to Online Information in the Wrong Hands. Also see my posting, Supreme Court Backs Net Filters For Libraries.

  • And, a cartoon is worth a thousand words... (sent by James S. Tyre).

  • Summer Associates and the Law Library

    Lost? Tap Into Law Librarian Expertise: "...a destination, one that is a must for every summer associate, is to meet, get to know and use one of your firm's most valuable resources: the library and its librarians."

    Permanent Link       Topic(s): Legal Research, Libraries
    National Do Not Call Registry Activated Today

    From the National Do Not Call Registry homepage: "Most telemarketers cannot call your telephone number if it is in the National Do Not Call Registry. You can register your home and mobile phone numbers for free. Your registration will be effective for five years." See the FTC press release here, and be advised of the following if you have trouble accessing the site: "Due to high registration volume, you may experience slow response time."

    Permanent Link       Topic(s): Privacy
    June 26, 2003
    LexisNexis Purchases Public Records Company

    From the Reed Elsevier press release:

  • Reed Elsevier Group plc today announced that its global legal division, LexisNexis, has entered into a definitive agreement to buy the public records business of Dolan Media Company. Dolan Media is a leading provider of US electronic public records information, including bankruptcies, civil judgements, federal and state tax liens and eviction notices. It specialises in large scale and rapid gathering of public records data.

  • Permanent Link       Topic(s): Legal Research, Privacy
    FISA and the Patriot Act

    Foreign Intelligence Surveillance Act Before and After the USA PATRIOT Act, from the FBI Law Enforcement Bulletin, June 2003 (via Secrecy News).

  • "...care must be taken to ensure that the new tools provided by Congress in the USA PATRIOT Act are employed within the constraints of the Constitution. The Supreme Court has said "the police must obey the law while enforcing the law, that in the end life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual criminals themselves."

  • Cook County Circuit Court Implements Major Tech Improvements

    The Circuit Court of Cook County (IL) has migrated from an antiquated information system that "ran all of its operations on a 1980's era mainframe, did not use e-mail or voicemail and provided only limited public Internet access," to a new, networked IT infrastructure that will manage the court's "2 million cases a year."

    Permanent Link       Topic(s): Courts
    Chicago Bar Association Announces New Portal

    The Chicago Bar Association (CBA) launched a new portal that provides a member customizable homepage, access to case law resources, legal news, court forms, bar committee announcements, and more.

    Permanent Link       Topic(s): Legal Research
    AlltheWeb Vs. Google - Is there really a contest?

    AllTheWeb Now A Better Search Experience Than Google. Includes a summary of features tested.

    Permanent Link       Topic(s): Search Engines
    Introduction of Public Domain Enhancement Act

    Reps. Lofgren and Doolittle Announce the Public Domain Enhancement Act to Address the Need for Copyright Reform. From the press release of June 25:

  • Rep. Zoe Lofgren (D-San Jose, CA) and Rep. John Doolittle (R-Rocklin, CA) introduced the Public Domain Enhancement Act, addressing the need to reform copyright laws identified in the recent Supreme Court decision of Eldred v. Ashcroft. The Public Domain Enhancement Act offers American copyright owners with continuing interest in works an easy way to maintain their copyrights while allowing abandoned works to enter the public domain. It requires that American copyright owners pay a simple $1 fee to maintain their copyrights 50 years after publication. If the owner fails to pay the $1 fee, the copyright expires and the work enters the public domain. In addition, copyright owners are required to submit a form identifying the copyright holder to facilitate proper licensing of copyrighted works."

  • Text of the bill in pdf (H.R. 2601)

  • Reclaim the Public Domain Petition

  • E-Mail alert from American Assocation of Law Libraries (AALL)

  • ALA Public Domain Enhancement Act webpage


  • Permanent Link       Topic(s): Copyright, Legislation
    June 25, 2003
    RIAA Prepares for Extensive Legal Action Against File Sharers

    From a June 25 Recording Industry Association of America press release: "Starting tomorrow, the Recording Industry Association of America (RIAA) will begin gathering evidence and preparing lawsuits against individual computer users who are illegally offering to "share" substantial amounts of copyrighted music over peer-to-peer networks....The RIAA expects to use the data it collects as the basis for filing what could ultimately be thousands of lawsuits charging individual peer-to-peer music distributors with copyright infringement. The first round of suits could take place as early as mid-August."

    Permanent Link       Topic(s): Copyright
    Appeals Court Rules in Favor of Website Publishers In Libel Case

    The 9th Circuit Court of Appeals ("The nation's largest -- and most controversial -- appeals court...") ruled in favor of website publishers in Batzel v. Cremers (41 page pdf), stating that "providers and users of interactive computer services.....are immune from liability for defamatory or obscene speech...when the material is provided by someone else." See the Telecommunications Act of 1996.

    Permanent Link       Topic(s): Internet
    FTC's Efforts to Combat ID Theft

    FTC Outlines Steps to Assist Identity Theft Victims.

  • Prepared Statement of the Federal Trade Commission on Identity Theft: Prevention and Victim Assistance, Presented by J. Howard Beales, III, Director, Bureau of Consumer Protection, Before the Financial Institutions and Consumer Credit Subcommittee of the Financial Services Committee, United States House of Representatives, June 24, 2003.


  • American Library Assoc. Wants More Info On Net Filters

    From this AP article: "The nation's librarians, set back by a Supreme Court ruling upholding requirements for Internet filters to block p*****graphy, plan to step up pressure on software vendors to disclose more about how their products work." Related articles worth a look: Questions and Answers on Web Filtering and this EFF webpage on Examples of Inappropriate Blocking.

    Wyden Pursues TIA Investigation

    According to Declan McCullagh's News.com article, Sen. Ron Wyden continues to shine a spotlight on the Pentagon's TIA surveillance program as he relentlessly pursues the answers to specific questions regarding "the project's scope, its implications for privacy and civil liberties, and which private-sector and government databases would be linked into the system."

  • Sen. Wyden's June 24 letter to Dr. Anthony Tether, Director, Defense Advanced Research Projects Agency (DARPA).

  • Permanent Link       Topic(s): Privacy
    New Policy Report on Online Privacy

    New Annenberg Report Examines Americans’ Understanding of Online Privacy - "Do Americans understand the purpose on internet privacy policies? Do they know how websites use information about them? Do they trust government to protect their personal information?"

  • Press release

  • The report, 37 pages in pdf, Americans and Online Privacy, The System is Broken, A Report from the Annenberg Public Policy Center of the University of Pennsylvania.
  • Permanent Link       Topic(s): Privacy
    Florida Privacy Suits On Personal Data Collection

    Major Information Brokers Face Class Action for Invasion of Privacy. Class actions lawsuits filed May 30, 2003 in U.S. District Court, Southern District of Florida W. Palm Beach.

  • docket in 03-CV-80490, Levine v. ChoicePoint, Inc. et al

  • docket in 03-CV-80491, Levine v. Reed Elsevier, Inc.


  • Docket sheets courtesy of CourtExpress.com

    Permanent Link       Topic(s): Privacy
    June 24, 2003
    Anti-Spam Crusade Unites Generally Divided Groups

    Congress Finds Rare Unity in Spam, to a Point. Promises abound that this will be the year when Congress enacts anti-spam legislation, as bi-partisan support, consumer demand and corporate frustration have reached a crescendo. See my related postings on current legislation here and here, and this June 20 article, Senate Once Again Backs Stringent Penalties for Spam Senders: "With minimal discussion and debate, the Senate Commerce Committee unanimously approved a bill to make it illegal for anyone to use fraudulent or deceptive return e-mail addresses, fake e-mail headers or use false subject lines."

    Permanent Link       Topic(s): E-Commerce, E-Mail
    A Review of Internet Copyright Issues

    From today's Washington Post, Overview: Short History of Copyright in the Digital Age, Internet Sparks a Copyright Fire. From the battles between the entertainment industry, "fair use rights" advocates, consumers and copyright holders, this article touches on the complex, high-stake issues, legislative initiatives and key players making news in this arena.

    "Clustering" Search Engine Worth a Review

    Vivisimo, co-winner of the 2002 Search Engine Watch award for Best Meta Search Engine, is featured in this new article, CMU (Carnegie Mellon) trio develops Internet search tool that sorts results in helpful clusters. (via Search Engine News). For more information, see the company's Clustering Engine webpage.

    Permanent Link       Topic(s): Search Engines
    New Net Filtering Study Released

    The Electronic Frontier Foundation (EFF) and the Online Policy Group (OPG) yesterday announced the release of their joint report, Internet Blocking in Public Schools, A Study on Internet Access in Educational Institutions. "The study found that blocking software overblocked state-mandated curriculum topics extensively -- for every web page correctly blocked as advertised, one or more was blocked incorrectly."

    Microsoft and Privacy Initiative

    Microsoft's press release: Microsoft Hires Peter Cullen as Chief Privacy Strategist - Internationally Recognized Privacy Industry Leader Brings Extensive Consumer Protection Experience to Microsoft. See also Trustworthy Computing, Microsoft White Paper, October 2002, and One year on, is Microsoft 'trustworthy'?

    Permanent Link       Topic(s): Privacy
    Decision on FEC and First Amendment

    The U.S. Court of Appeals for the District of Columbia issued a ruling on June 20 in AFL-CIO v. FEC, terminating the Commission's "public release of all investigatory files not exempted from the Freedom of Information Act." See this article for more information - Appeals court blocks FEC from documents release.

    New International Law Database

    Announcement from Jill McC. Watson, The American Society of International Law:

  • The Electronic Information System for International Law (EISIL) database is a collaborative project created by The American Society of International Law with the support of the Mellon Foundation...you can browse through outlines of each subject category. They contain links to primary documents, recommended web sites, and research guides, as well as other added information.


  • Five initial prototype subjects may now be previewed.
    - General International Law
    - International Criminal Law
    - International Economic Law
    - International Environmental Law
    - International Human Rights Law


  • Permanent Link       Topic(s): Legal Research
    June 23, 2003
    Philly's High-Tech Court

    Philadelphia's High-Tech Courtroom: "Courtroom 625, the pride and joy of the Philadelphia Common Pleas Court, is equipped with everything the savvy trial attorney could need to present a state-of-the-art, multimedia case to a judge and jury. A video presentation system with plasma screen monitors, document cameras, a DVD and a videotape player, computer connections, and a teleconferencing system are just some of the features at your fingertips in the freshly unveiled room."

    Permanent Link       Topic(s): Courts
    Ashcroft Asserts Clarification on Patriot Act

    American Libraries Online has an interesting article on AG Ashcroft's June 19 presentation at the Aspen Institute Journalism and Homeland Security conference. Ashcroft is quoted as stating the following:

  • "The Patriot Act simply does not allow federal law enforcement free or unfettered access to local libraries, bookstores, or other businesses...We need the help of the news industry, the fourth estate, to inform citizens about the constitutional tools and methods being used in the war against terror. We need the media's help, for instance, in portraying accurately the U.S.A. Patriot Act."

  • See also this New York Times article, Ashcroft Calls on News Media to Help Explain Antiterrorism Laws, which includes the following statements: He (Ashcroft) said that critics of the law had "charged that under the Patriot Act the F.B.I. has arbitrarily visited local libraries to check out reading records of ordinary citizens. "The fact is simply not that," he said. "The Patriot Act simply does not allow federal law enforcement free or unfettered access to local libraries, bookstores or other businesses."

  • New Book on History of the Library

    Library: An Unquiet History, by Matthew Battles. See the review in Newsday:

  • "The charm of Battles' book lies in its historical sweep and its appreciation for the browser's delight. Cicero to Swift, Bacon to Borges - this is a book full of breezy learnedness. An earnest and passionate bibliophile, Battles traces the varied forms of writing and book-making from the bamboo and silk of ancient China, clay tablets of Mesopotamia and Mayan deerskin, to the more familiar wax tablets, papyrus scrolls, and, finally, parchment of the medieval Western world. Mostly, though, it is what Battles calls "biblioclasms" that capture his imagination - great moments in the collecting, cataloging and destruction of books."
  • (via Library Stuff)

    Public Interest Registry to Manage Dot-Org

    "Public Interest Registry (PIR) is a not-for-profit corporation created to manage the .ORG registry. PIR looks forward to serving the .ORG community by providing superior technology; new services designed for noncommercial registrants; and responsive, responsible stewardship. PIR has established its new .ORG Advisory Council. The council will focus on .ORG policy, outreach, and service issues."

    Permanent Link       Topic(s): Domain Names, Internet
    Corporate Executives Begin to Explore Using Blogs

    The Corporate Blog Is Catching On: "Alan M. Meckler, the head of Jupitermedia, keeps a Weblog, an online journal of his thoughts. He says he didn't notify the company's lawyers."

    Permanent Link       Topic(s): Blogs, Marketing
    Supreme Court Backs Net Filters For Libraries

    In a 6 to 3 decision (56 pages, pdf) released today in United States v. American Library Association (02-361), the Supreme Court ruled that the Children's Internet Protection Act does not violate the First Amendment, and Congress can thereby require the use of Internet filters by public libraries receiving federal funds.

    See also:

  • My related postings on this case here and here.

  • This June 23 press release from the American Library Association (ALA), ALA denounces the Supreme Court ruling on Children's Internet Protection Act.

  • ACLU Disappointed in Ruling on Internet Censorship in Libraries, But Sees Limited Impact for Adults

  • An April 1, 2003 article from Library Journal (registration req'd), Supreme Court Justices Appear Highly Divided in CIPA Case, that provides quotes from the March 5 oral arguments.
  • and
  • The Court and the University, by Ronald Dworkin, from the May 15, 2003 New York Review of Books.

  • Many libraries will skip grants to avoid using Net filters

  • New York Times Editorial, Internet Filters and Free Speech


  • New Legislation on Criminalizing P2P File Transfer of Copyrighted Works

    H.R. 2517 (introduced June 19 by Rep. Lamar Smith), the Piracy Deterrence and Education Act of 2003, to enhance criminal enforcement of the copyright laws, educate the public about the application of copyright law to the Internet, and clarify the authority to seize unauthorized copyrighted works. In the bill language is the following statement:

  • Trafficking in copyrighted works through increasingly sophisticated electronic means, including peer-to-peer file trading networks, Internet chat rooms, and newsgroups, threatens lost jobs, lost income for creators, lower tax revenue, and higher prices for honest purchasers.

  • See these related articles for more information: New Bill Enlists FBI, DoJ in Copyright Battle and House bill would cast FBI as copyright Pinkertons.

  • June 20, 2003
    Technology and Privacy Cmte Meeting

    From the June 19 Meeting of the DOJ Technology and Privacy Advisory Committee (TAPAC):

  • Statement of Jay Stanley, Communications Director, Technology and Liberty Program, ACLU, on Terrorist Information Awareness.

  • NASD Guidelines for Instant Messages

    According to this National Association of Securities Dealer's June 18 press release:

  • "NASD today advised member firms about the use of "instant messaging" by employees, saying firms must ensure the instant messaging is being retained for at least three years and the communication does not violate NASD rules governing sales literature and correspondence."

  • "The Notice to Members details the applicable NASD and SEC rules and guidelines to assist registered representatives and firms in their use and supervision of electronic communications with the public."

  • Permanent Link       Topic(s): E-Mail, Securities Law
    Gov't Report on IT Workforce

    From the Department of Commerce Technology Administration: Examining Information Technology Education and Training Landscape in 21st Century, a report mandated by the American Competitiveness in the 21st Century Act of 2000.

  • The 225-page report (pdf) provides an extensive exploration of employer demand for information technology (IT) workers, the IT education and training landscape, and the role of employers and workers in IT education and training.

  • Permanent Link       Topic(s): Internet
    LC's Digital Archiving and Preservation Program

    National Digital Information Infrastructure and Preservation Program: An Interview with Laura Campbell, Associate Librarian for Strategic Initiatives Library of Congress.

  • From the ariticle editors: "In January Congress approved the Library of Congress's Plan for the National Digital Information Infrastructure and Preservation Program (NDIIPP), which will enable the Library to launch the initial phase of building a national infrastructure for the collection and long-term preservation of digital content."

  • RIAA Issues Cease and Desist Orders

    According to The Register, "the Recording Industry Association of America (RIAA) has sent "cease and desist" letters to four people it alleges were illegally offering hundreds of copyrighted songs over the Internet. The names were handed over by Verizon, which until now has refused to reveal the identity of its punters accused of pirating music, claming the matter could have a "chilling effect" on Internet users." See some of my previous postings on this case here, here, and here.

    Permanent Link       Topic(s): Copyright
    Oversight for TSA's CAPPS II Program

    As a follow-up to my June 16 posting see this press release from Congressman Martin Olav Sabo (D-MN), who "succeeded in requiring stricter scrutiny of the Transportation Security Administration's proposed computerized airline passenger screening program known as CAPPS2, during full committee markup of the FY2004 House Homeland Security Appropriations bill."

    More from the press release as follows, which also includes the full-text of the amendment:

  • Sabo's amendment requires the General Accounting Office (GAO) to review CAPPS2 before any more federal funding can be obligated on a planned pilot program. It also directs the National Academy of Sciences to study the CAPPS2 proposal, and make recommendations to eliminate or minimize its adverse effects on privacy and civil liberties. Sabo described the Administration's proposed CAPPS2 system potentially the largest ever intrusion of the federal government into our personal lives. The privacy and due process concerns are immense. It deserves far more scrutiny than has been paid so far.

  • Related news: Michael Wynne, the acting undersecretary of Defense for acquisition, logistics and technology, in comments from June 19 on CAPPS II stated - DARPA personnel are visionaries who must look beyond current weapons and technologies, but "in this particular case, the vision exceeded their grasp."


  • Permanent Link       Topic(s): Privacy
    More on Sen. Hatch, Piracy and Destroying PCs

    Orrin Hatch: Software Pirate? This story has some legs. According to the Wired article:

  • The senator's site makes extensive use of a JavaScript menu system developed by Milonic Solutions, a software company based in the United Kingdom. The copyright-protected code has not been licensed for use on Hatch's website.

  • Statement by Milonic Solutions.

  • An antipiracy idea self-destructs - Senator proposes targeting PCs of illegal fire-sharers


  • Permanent Link       Topic(s): Copyright, Cybercrime
    June 19, 2003
    New Blog on Election 2004 Political Parties

    WatchBlog, "2004 U.S. Election News and Opinion, is a multiple-editor weblog broken up into three major political affiliations, each with its own blog: the Democrats, the Republicans and the Third Party (covering everything outside the two major parties)."

    Each party is represented by a column on the site's main page where readers may review the respective postings, or choose to click-through to each separate, topical blog. The three blogs provide an "about" link, an archives (beginning May 2003), links to party resources and candidate websites, and a form to become a "WatchBlog editor."

    Permanent Link       Topic(s): Blogs
    CAN-SPAM Act of 2003 Passes

    The CAN-SPAM Act of 2003, S. 877, was approved by the Senate Commerce Committee today by voice vote.

    See the following related articles:

  • Senate Panel Overwhelmingly Passes Anti-Spam Bill

  • Center for Democracy and Technology (CDT) commentary in June 16, 2003 Legal Times, Can Spam Be Stopped? - "Rather than legislate a quick fix, Congress needs to look harder at legal and technical complexities."

  • USC May Assist RIAA In Prosecuting File-Sharing Violations

    According to an article in the USC Daily Trojan, the university, which is an ISP, may be "legally obligated to turn over the names of account holders suspected of breaking computer copyright laws."

    Permanent Link       Topic(s): Copyright
    Blogs and Law Firm Marketing

    Intro to Weblogs for Law Firm Marketing - This important new web publishing tool can help legal services marketers reach niche audiences: by Amy Campbell, whose review includes mentions of SCOTUSBlog, HIPAA Blog, and this blog, about which she states:

  • "Other blogs are maintained with meticulous objectivity and consistency, such as BeSpacific, a legal research blog which tracks, "accurate, focused law and technology news."

    Permanent Link       Topic(s): Blogs, Marketing
  • EU Objections to US Collection of Airline Passenger Data

    Via StateWatch: The EU's Article 29 Data Protection Working Party has issued a strong report on access by the USA to personal data on passengers flying from the EU to the USA.

    Permanent Link       Topic(s): EU Data Protection
    Quick Website Accessibility Tips

    Tips and techniques for making your site accessible, by German website designer Alex Horstmann, offers 14 quick usability tips, along with associated html code as applicable.

    CIA Memo on Press and National Security

    From OMB Watch: In an unclassified memorandum by the Central Intelligence Agency (CIA), entitled The Consequences of Permissive Neglect, a senior official on the agency’s Foreign Denial and Deception (D&D) Committee, James B. Bruce, called for a targeting of the news media, making them legally accountable for leaked information that they publish.

    June 18, 2003
    AltaVista Claims World's Largest Multimedia Index

    From the company's press release: AltaVista's expanded multimedia index catalogs more than 540 million comprehensive, high-quality image files and approximately 11 million video and audio files, including popular formats such as MP3 and MPEG.

    Permanent Link       Topic(s): Search Engines
    Federal Appeals Court Rules DOJ Can Withhold Name of 9/11 Detainees

    From the Lawyers Committee on Human Rights press release: On June 17, the D.C. Circuit Court of Appeals granted the government broad authority to withhold the names of hundreds of non-citizens detained in the United States in the post September 11 sweeps. The case, Center for National Security Studies v. DOJ, was on appeal from a federal district court in Washington, D.C." See also this press release from the Reporters Committee on Freedom of the Press.

  • Center for National Security Studies et al. v U.S. Department of Justice, (June 17, 2003).

  • Final Military Commission Rules Fail to Include Fair Trial Guarantees

  • New Bill on DOJ Oversight for FISA

    Rep. Joseph M. Hoeffel (PA) introduced a bill to amend the Foreign Intelligence Surveillance Act of 1978 to improve the administration and oversight of foreign intelligence surveillance, the Surveillance and Oversight and Disclosure Act of 2003 (SODA).

  • Press release

  • Text of H.R. 2429 (pfd)

  • Law Would Spy on Ashcroft, from Security Focus.
  • Permanent Link       Topic(s): Patriot Act, Privacy
    Highly Charged Comments on Copyright Enforcement from Senate Hearing

    A tempest is swirling around the prepared and spontaneous statements of Senator Orrin Hatch before the Senate Judiciary Committee hearing, "The Dark Side of a Bright Idea: Will Personal and National Security Risks of P2P Networks Compromise the Promise of P2P Networks?" on June 17.

  • See this AP article, Hatch Takes Aim at Illegal Downloading
  • , which quotes the following exchange: "No one is interested in destroying anyone's computer," replied Randy Saaf of MediaDefender Inc., a secretive Los Angeles company that builds technology to deliberately download pirated material very slowly so other users can't. "I'm interested," Hatch interrupted. He said damaging someone's computer "may be the only way you can teach somebody about copyrights."

    Sen. Hatch then posted the following statement on the main page of his website as well as on his Newsroom:

  • "I made my comments at yesterday’s hearing because I think that industry is not doing enough to help us find effective ways to stop people from using computers to steal copyrighted, personal or sensitive materials. I do not favor extreme remedies – unless no moderate remedies can be found. I asked the interested industries to help us find those moderate remedies."

  • For some perspective, here is the written statement of Senator Patrick Leahy from the same hearing, as well as his comments in response to Hatch: "The rights of copyright holders need to be protected, but some draconian remedies that have been suggested would create more problems than they would solve...."We need to work together to find the right answers, and this is not one of them."

  • Permanent Link       Topic(s): Copyright, E-Commerce
    New Survey of Employee E-Mail Monitoring

    AMA 2003 E-Mail Rules, Policies and Practices Survey (8 pages, pdf), from the American Management Association:

  • "More than half of U.S. companies engage in some form of e-mail monitoring of employees and enforce e-mail policies with discipline or other methods. In fact, 22% have terminated an employee for e-mail infractions. Three-fourths of all organizations have written policies concerning e-mail, but fewer than half train their employees on them."

  • Permanent Link       Topic(s): E-Mail
    FTC Conference on E-Commerce and Data Collection

    Information Flows: The Costs and Benefits to Consumers and Businesses of The Collection and Use of Consumer Information, June 18, 2003.

  • Panelists will discuss: The use of consumer information in credit transactions; consumer information in customer relationship management and targeted marketing; methodologies for identifying and measuring the costs and benefits of collecting consumer information; and uing consumer information to fight identity theft.

  • Text of Comments by Beth Givens, Director, Privacy Rights Clearinghouse

  • See the Agenda here.

  • Permanent Link       Topic(s): E-Commerce, ID Theft, Privacy
    Blogs and Google Ranking

    Jerry Lawson's detailed and informative article on LLRX.com, Web Logs for Lawyers: Lessons from Ernie the Attorney, received a mention in the June 16 MSNBC Weblog Central column.

    Permanent Link       Topic(s): Blogs, Search Engines
    Website Credibility Focus of Ad Campaign

    Consumer WebWatch has launched an ad campaign to spotlight 28 websites whose content complies with the organizaton's five guidelines for improving Web site credibility, published April, 2002. Sites that are identified as "Praise Worthy" include Adobe.com, CBS MarketWatch.com, and WebMD. See also my article from LLRX, Getting It Right: Verifying Sources on the Net.

    Permanent Link       Topic(s): Internet, Legal Research
    June 17, 2003
    Hearing on IP Protection

    June 17, 2003 - Legislative hearing on H.R. 2344, the Intellectual Property Protection Restoration Act of 2003 (to restore Federal remedies for infringements of intellectual property by states), Subcommittee on Courts, the Internet, and Intellectual Property.

  • Witness List

  • Safe ID Act

    On March 27, Sen. Biden introduced S. 731, the Secure Authentication Feature and Enhanced Identification Defense Act of 2003" (SAFE ID Act), to prohibit fraud and related activity in connection with authentication features.

  • "This bill will increase penalties for illegally using authentication features, such as holograms or watermarks, to create false, misleading or inaccurate identification. This bill will make it harder to falsify the documents of an abducted child, in addition to reducing underage drinking by making it harder for criminals to sell fake ids."
  • Catalog of Federal Domestic Assistance Now Online Only

    From the June 16 Federal Register: GSA Discontinues Printing and Distribution of the Catalog of Federal Domestic Assistance: The Internet and GSA's free CFDA Web site will be the primary means of disseminating the Catalog of Federal Domestic Assistance. In addition to what is already there, the Web site will soon contain a version of the Catalog that, when printed by any user, will have the same layout as the printed document that the Government Printing Office (GPO) has provided.

    Permanent Link       Topic(s): E-Government
    International Effort to Combat Cross Border Fraud

    The press release, FTC Joins International Law Enforcers in Announcing Newly Developed Cross-Border Fraud Guidelines, is here, and provides links to press releases from participating countries, including Australia, Finland, Japan, New Zealand and the United Kingdom.

    See also:

  • From the OECD press release: OECD governments have agreed on guidelines outlining a framework for international co-operation to protect consumers against the growing problem of cross-border fraud, particularly on the Internet.

  • OECD Guidelines for Protecting Consumers from Fraudulent and Deceptive Commercial Practices Across Borders.
  • Permanent Link       Topic(s): Cybercrime
    Net Profiling and E-Commerce

    According to this New York Times article from June 16, Net Profiling Lures Advertisers, "visitors to The Wall Street Journal Online today will become the latest lab rats of online advertising, as the Web site starts grouping them into classes like "car buffs" and "consumer techies," all the better to serve them ads for Lexus or NetFlix wherever they may roam on the site."

    Permanent Link       Topic(s): E-Commerce, Privacy
    Internet Law 2003 Conference

    Internet Law 2003, Program of Instruction for Lawyers, Harvard Law School, presented by Prof. Jonathan Zittrain, Prof. Charles Nesson and John Palfrey. Links are provided to resources on course topics that include: jurisdiction on the internet; P2P file sharing; digital democracy; litigation and the digital environment; and privacy.

    Permanent Link       Topic(s): Copyright
    Hoover's New Website in Beta

    "The new Hoover's features a multitude of customer-driven enhancements. It's an easy-to-use, intuitive service that lets you quickly find the information you need about the companies, industries, and people that matter to you. Improved Site Design And Navigation; Enhanced Tools And Content; NEW Tools And Content."

    Permanent Link       Topic(s): Legal Research
    Libraries, Copyright and Licensing

    Copyright and licensing for digital preservation. "Libraries cannot preserve digital material they do not own. Adrienne Muir describes a new project to identify copyright and licensing issues that currently hinder digital preservation and looks at whether new legislation (UK) will help."

    A Review of the Sony Bono Copyright Term Extension Act

    The dead poets society: The copyright term and the public domain, by Matthew Rimmer.

    "This paper...advocates a critical theory of copyright law, which highlights the gap between the symbolic significance of legislation, and its instrumental effects in terms of economic impact and cultural costs. It demands a greater scrutiny of the politics and the rhetoric of Congress, the judiciary, and the public domain. This paper claims that the case of Eldred v Ashcroft offers a lens through which a disciplinary pattern can be discerned. It is interested in how copyright lawyers have analysed the dispute and certain kinds of assumptions. This paper evaluates the relative influence of the various intellectual disciplines at play on the decision of the Supreme Court."
    .
    See Lawrence Lessig's response to the article here.

    Permanent Link       Topic(s): Copyright
    June 16, 2003
    Copyright Law, IP and Eldred

    Professor Pamela Samuelson, School of Information Management and Systems, University of California at Berkeley, published a new article, The Constitutional Law of Intellectual Property After Eldred v. Ashcroft, 50 J. Cop. Soc'y (forthcoming 2003). Link via A Copyfighter's Musings, which reviews the article, and its significant citations from other forthcoming articles.

    New Law Review Article on CIPA

    Steven D. Hinckley, Associate Dean for Library and Information Technology & Professor of Law, University of South Carolina, authored, Your Money or Your Speech: The Children's Internet Protection Act (CIPA) and the Congressional Assault on the First Amendment in Public Libraries, in the Washington University Law Quarterly, vol. 80, No. 4, Winter 2002 (via The Censorware Project).

    New SEC Rule Puts More Corporate Filings Online Faster

    Electronic filing of all Section 16 reports will become mandatory on June 30, 2003. See Release No. 33-8230 which states:

  • We are adopting rule and form amendments to mandate the electronic filing, and website posting by issuers with corporate websites, of beneficial ownership reports filed by officers, directors and principal security holders under Section 16(a) of the Securities Exchange Act of 1934, generally as required by Section 403 of the Sarbanes-Oxley Act of 2002.

  • Section 16 Electronic Reporting Frequently Asked Questions

  • CEO Dumping Stock? Check Online

  • Permanent Link       Topic(s): Securities Law
    National Security, Freedom of Information and Gov't Docs

    An interview with Steven Aftergood, Project on Government Secrecy, Federation of American Scientists: Government Secrecy in the Age of Information, by Joe Fitzgerald and Antonia Badway, Biodefense Quarterly, Summer 2003 (a publication of the Johns Hopkins Center for Civilian Biodefense Strategies).

    Airline Passenger Screening Program Scaled Back

    According to this June 14 Washington Post article, the controversial CAPPS II airline passenger data collection and surveillance program will be scaled back as a result of considerable opposition from the public and advocacy groups. The article also states that "new details about the system are expected to be included in a Privacy Act notice to be published in the Federal Register next week." I will post the link when it is available.

    See also my related topical postings:

  • EPIC Files FOIA Lawsuit On Air Passenger Screening

  • Wyden Secures Approval for CAPPS Oversight


  • Locating and Targeting Consumers Online

    Online Locator Software Use Grows: There is growing interest and technology development in identifying online users according to location or geography, called geotargeting or geolocating. Marketing can be targeted to specific zip codes or areas. Although this article states that privacy advocates should not be overly concerned, a range of electronic retailing sectors, including entertainment, sporting and banking, are turning to this technology, which includes the ability to screen consumers "for suspect behavior."

    Permanent Link       Topic(s): E-Commerce, Privacy
    EIN Numbers Available Online from IRS

    New Online EIN application process: "An Employer Identification Number (EIN), also known as a Federal Tax Identification Number, is a nine-digit number that the IRS assigns to business entities. The IRS uses this number to identify taxpayers that are required to file various business tax returns. EINs are used by employers, sole proprietors, corporations, partnerships, non-profit organizations, trusts and estates, government agencies, certain individuals and other business entities."

    Permanent Link       Topic(s): E-Government
    June 13, 2003
    Surveillance Oversight and Disclosure Act

    From ALAWON, the American Library Association Washington Office Newsline: "On June 11th, Representatives Joseph M. Hoeffel (PA-D), Sam Farr (CA-D), and House Judiciary Chairman John Conyers (MI-D) announced their joint sponsorship of H.R. 2429, the Surveillance Oversight and Disclosure Act. This bill would require greater reporting by the Justice Department on USA PATRIOT Act activities, including special reports about how library records are obtained and used."

    UK Guidelines on Employee Web Monitoring

    From Internet Magazine, news of the publication, by the UK Information Commissioner, responsible for data protection & freedom of information, of the third part of the Employment Practices Data Protection Code - Monitoring at Work, the Do's & Don't for workplace monitoring. Links to these documents, and to the other parts of the guide, are available here. Also see the Trades Union Congress website, called workSMART, that provides resources on workplace monitoring and internet policies.

    DOD Technology and Privacy Advisory Committee

    From the June 11, Federal Register, notice of Meeting of the Technology and Privacy Advisory Committee (TAPAC). "The purpose of the meeting is for presentations of interest and discussion concerning the legal and policy considerations implicated by the application of advanced information technologies to counter-terrorism and counter intelligence missions." Related information from Cryptome: Secretary of Defense Donald Rumsfeld appointed Newton Minow Chairman of the new Department of Defense Technology and Privacy Advisory Committee in 2003.

    Permanent Link       Topic(s): Privacy
    Copyright Office Publishes Agreement Under the Small Webcaster Settlement Act

    Notification of Agreement Under the Small Webcaster Settlement Act of 2002, Federal Register, June 11, 2003. "The Copyright Office is publishing an agreement which sets rates and terms for the reproduction and performance of sound recordings made by a noncommercial webcaster under the section 112 and 114 statutory licenses." See also a recent posting with additional links on this issue here.

    Permanent Link       Topic(s): Copyright
    The Cost of E-Discovery

    Federal Decision Deals With Who Pays the Costs: Judge Shira Scheindlin's ruling in Zubulake v. UBS Warburg, 02 Civ. 1243, U.S. District Court, Southern District of New York, May 13, 2003, "lists seven factors to test in order to determine which side of a case should pay for electronic discovery."

    Permanent Link       Topic(s): E-Records
    Directories of Blogs

    RSS Directory, from blogStreet, "contains a listing of 11,000+ RSS feeds of blogs, making it one of the largest directories of RSS. An added advantage is that the latest feeds of the listed blogs can be read through RSS Discovery - RSS Discovery finds out the RSS feed of a blog, the time when it last changed and displays the latest feed in HTML." Find a blog using the search engine or the alphabetical listing.

    See also Technorati, with "384,996 weblogs watched," that recently launched a new Keyword Search (Beta) feature that supports Boolean searching.


    Permanent Link       Topic(s): Blogs
    New Senate Anti-Spam Bill

    Introduced 6/11/2003, by Sen Charles E. Schumer (NY), S. 1231, A bill to eliminate the burdens and costs associated with electronic mail spam by prohibiting the transmission of all unsolicited commercial electronic mail to persons who place their electronic mail addresses on a national No-Spam Registry, and to prevent fraud and deception in commercial electronic mail by imposing requirements on the content of all commercial electronic mail messages.

    Related news:

  • the Schumer SPAM Act press release

  • Schumer Introduces No Spam Registry Bill

  • Permanent Link       Topic(s): E-Mail
    Anti-Spam Resources

    WeCanStopSpam is a Wiki with a clearly stated agenda, providing links to free spam filters, commentary on solutions to the spam problem, and signatures to make spamming more difficult.

    Permanent Link       Topic(s): E-Mail
    More Info On GPO Bookstore Closings

    From the June 13 USGPO news release: "With nearly a quarter of a million titles available online and free of charge, and with public retrievals exceeding 32 million every month, GPO Access (www.gpoaccess.gov), a service of the U.S. Government Printing Office (GPO), has become one of the principal tools for providing public access to official U.S. Government information. As a result, by September 30, 2003, the GPO will close all of its brick-and-mortar bookstore operations outside Washington, DC."

    Blog on Benefits

    Benefitsblog is a tax, benefits and ERISA law commentary and news filter created by B. Janell Grenier, Esq., launched in April 2003.

    Permanent Link       Topic(s): Blogs, Legal Research
    Study: Global Software Piracy

    The 2003 Global Software Piracy Study (14 pages pdf), from the Business Software Alliance, can be viewed according to regional data as follows:

  • North America: Canada / United States

  • Latin America

  • Western Europe

  • Eastern America

  • Middle East/Africa

  • Asia/Pacific


  • Permanent Link       Topic(s): Cybercrime
    June 12, 2003
    Proposed Standards for Archiving Journal Articles

    According to this article from the Chronicle of Higher Education, the National Library of Medicine has created and published freely available standards, called the Journal Archiving and Interchange Document Type Definition (DTD), for the uniform digital publication and distribution of journal content.

    Presentation on UCITA and UETA

    Commercial Law for the New Commerce UCITA (Uniform Computer Information Transactions Act) and UETA (Uniform Electronic Transactions Act) (PowerPoint) by Patricia Brumfield Fry, Visiting Professor of Law, Wm. Mitchell College of Law.

    Permanent Link       Topic(s): Copyright, E-Commerce
    Survey of E-Government Issues From A Global Perspective

    A compilation of studies from the U.S., Canada, Europe and Japan, assembled and introduced by Joichi Ito, titled A Report of Research on Privacy for Electronic Government. As indicated in these documents (all in pdf), the development and implementation of electronic government systems in countries throughout the world must address issues related to their respective laws and legislation related to privacy, as well as the digital domain, industry standards, international ramifications of data collection and distribution, and technology infrastructures. Link via Lessig Blog.

    Permanent Link       Topic(s): E-Government, Privacy
    Grants Awarded for Homeland Security Info Gathering

    Vivísimo, Inc. issued this press release today concerning nearly $1 million in grants awarded to the company to "enhance and modify [their] on-the-fly document clustering products to help intelligence analysts easily recognize patterns and identify trends from large amounts of unstructured data in many different languages."

    Permanent Link       Topic(s): Privacy, Search Engines
    EPIC Files FOIA Lawsuit On Air Passenger Screening

    According to this press release, on June 11 EPIC filed suit against the Department of Homeland Security (DHS), the Transportation Security Administration (TSA) and the Department of Defense (DOD), under the Freedom of Information Act. The complaint seeks "the release of agency records concerning airline passenger screening procedures" (from the CAPPS II airline passenger profiling system.)

    News About GPO Bookstore Closures

    Via postings today on Law-Lib, the first from Judith C. Russell, the Superintendent of Documents, U.S. Government Printing Office, this important information on the status of the bookstores across the country, and the second from Marian Storck, Legal Information Specialist, U.S. Attorneys Office:

  • "Essentially, the bookstore closures result from an overall decline in sales due to the dramatic increase in access to government information on the Internet and the shift from walk in traffic at bookstores to purchases from the GPO online bookstore. Many of the titles that were in greatest demand in the bookstores historically, such a volumes of the Code of Federal Regulations (CFR), are available for free public access from www.gpoaccess.gov. This has significantly reduced bookstore revenue."

  • The Birmingham, Boston, Chicago, Cleveland, Columbus, Dallas, McPherson Square (Washington, DC), Philadelphia, and San Francisco bookstores are closed. Please check the individual store Web sites for other U.S. Government Bookstore options. The Kansas City, Portland, Seattle and New York bookstores will be closing on July 1, 2003. This information was published on this GPO Access webpage.

  • June 11, 2003
    NSA Seeks Additional FOIA Exemption

    From today's press release issued by National Security Archive: Proposed FOIA Exemption Would Provide National Security Agency (NSA) With Virtually Unchecked Power to Keep Records Secret. This release includes links to significant documents on related FOIA exemptions for intelligence agencies, prepared by the National Security Archive (such as this Side By Side Comparison of Statutory FOIA Exemptions for Operational Files from the CIA, NIMA, NRO and NAS), and the Federation of American Scientists' Section-by-Section Analysis of FOIA exemption for the National Security Agency's operational files.

    See also this website for links to U.S. Intelligence and Security Agencies.

    Newslib Blog from SLA Conference

    Liz Donovan of The Miami Herald created the News Lib Blog, with postings from the SLA conference in New York submitted by News Division members. See also the terrific NewsLib listserve. Great work Liz!

    Permanent Link       Topic(s): Blogs, Libraries
    FTC Requests Expanded Authorization to Fight Consumer Fraud

    Today the Senate Committee on Commerce, Science and Transportation held a hearing on Federal Trade Commission (FTC) Reauthorization. Testimony was presented on the agency's work in the areas of competition and consumer protection, and future plans for programs that respond to the challenges from the wide range of consumer fraud conducted via the Internet, along with high-profile issues in the news such as personal data collection and web privacy, unsolicited commercial e-mail, IP and competition and antitrust enforcement.

  • Text of the Commission Testimony, Presented By Chairman Timothy J. Muris

  • Statement of FTC Commissioner Mozelle W. Thompson

  • Statement of FTC Commissioner Orson Swindle

  • Statement of FTC Commissioner Thomas B. Leary

  • Verizon File Sharing Customers Wait to Hear from RIAA

    Privacy vs. Internet piracy: "Verizon and Earthlink have informed five Internet service customers that they can expect to be hearing from the record industry very, very soon. But the Recording Industry Association of America says it hasn't decided what to do with the names it won last week in a bitter court battle over Internet piracy." See my recent posting on this case here.

    Permanent Link       Topic(s): Copyright, Privacy
    Survey: Shift From Info Gatherer to Info Consultant

    According to a new Information Professional Web Survey whose results were reported at the Special Libraries Association (SLA) Annual Conference, "Ninety-one percent of respondents agree that their roles have shifted from information gatherer to information consultant."

    Permanent Link       Topic(s): Libraries
    Librarians/Researchers Question Reliance on Google

    The Web, According to Google: "Google has grown so fast that even those who use it religiously have started to worry about the tendency of its huge audience to increasingly regard the site as comprehensive when in reality its compilation of information is anything but...Webmasters are starting to question the opaque rules that Google uses to determine what to index -- or not."

    "James Rettig, head librarian of the University of Richmond's Boatwright Memorial Library, noted that "people who use only search engines will miss things" -- such as books, which represent most of humankind's body of knowledge to date."

    NJ Privacy Commission Considers Open Records Controversy

    New Jersey's Privacy Commission (established under the state's Right to Know law, the Open Records Act (OPRA), that took effect on July 8, 2002, with 13 members appointed by the Governor), is holding hearings this week to solicit public opinion about posting a range of personal data on government websites.

    For additional information see NJ OPRA Central website, with links to State Records Request Forms, documentation on How to Request Government Records, an alphabetical index that lists services and activities performed by State agencies, and links to the Governor's executive orders on the OPRA.

    Permanent Link       Topic(s): E-Government, Privacy
    Review of Best Gadgets, Software, Hardware

    "Each year at PC World we seek out the best of the best--hardware, software, Web sites, and services that rise above their competitors. In each category, we look for a product that mixes top performance, good value, a reliable manufacturer, and preferably a dash of innovation. In the following pages are our 59 top choices for the 21st World Class Awards, from a hybrid phone that puts the Web in your pocket to a slick new Web-based e-mail service."


    Permanent Link       Topic(s): Internet
    June 10, 2003
    Copyright, File Sharing and Piracy

    From PBS OnlineNewsHour:

  • Is downloading copyrighted music tantamount to stealing? Lawrence Lessig, an expert on Internet law from Stanford University's Law School, and Matt Oppenheim, Senior Vice President of Business and Legal Affairs for the Recording Industry Association of America, answer your questions about the debate over digital copyrights.

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