Patriot Act Author Has Concerns: "Detaining citizens as 'enemy combatants' -- a policy not spelled out in the act -- is flawed, the legal scholar says." From the LA Times, reg. req'd.
As a follow-up to my posting on November 17, 9-11 Commission Confirms White House To Provide Edited Versions of Documents, see the 9/11 Family Steering Committee's Statement Regarding the One-Year Anniversary of the National Commission on Terrorist Attacks upon the United States, issued on November 27:
Online Search Engines Rev Up for Holidays: Links to search engines and meta-sites to facilitate online comparison pricing for consumer goods.
Internet mapping project weaves colourful web
The Future of Knowledge Management - Discussion Paper by Dave Pollard:
From the December 8 issue of Fortune: Can Google Grow Up?
Google No. 1 search site in the world according to OneStat.com: "Google's global usage share has reached an all time high and has risen from 55.2 percent to 56.1 percent."
A new project report from the California Digital Library (CDL) "proposes a web-archiving service model in which libraries build archives of web-based materials to their own design (that is, in a manner that meets their local collecting aims, users' requirements, and institutional capacities) using a suite of utility tools." See Web-Based Government Information, Evaluating Solutions for Capture, Curation and Preservation (pdf, 79 pages). [thanks Michele McKnelly]
According to Wired, the privacy controversy caused by JetBlue's release of 5 million passenger records to a defense department contractor has triggered an Army investigation into possible Privacy Act violations.
The Third Draft Agreement (November 21, 2003) of the Free Trade Area of the Americas (FTAA) includes an extensive section on Intellectual Property Rights. According to the advocacy group IP Justice, the "expanded copyrights...endanger civil liberties and competition....and one of the most controversial sections of the IPR chapter requires countries to outlaw the circumvention of technological restrictions." [Link] The group is sponsoring an "online petition calling for the deletion of the entire chapter on intellectual property rights in the FTAA Treaty." (Thanks to Andrew Sitzer)
On November 25, the Senate unanimously approved the CAN-SPAM Act (S. 877), inclusive of technical changes agreed upon with the House, which is expected to approve the bill once again in December, clearing it for signature by the President. However, not everyone on the Hill is satisfied with the bill, in particular Representatives from California whose tough new anti-spam law which is effective January 1, 2004 will be pre-empted by this legislation, which they contend offers their constituents less protection. In addition, the new Texas anti-spam law (H.B. No. 1282), that went into effect September 1, 2003 will also be pre-empted by the federal legislation.
As a follow-up to my posting, E-Voting Machine Co. Docs. on Product Flaws Published on Web, this evening an EFF press release announced that Judge Jeremy Foley, U.S. District Court, Northern District of California scheduled a meeting of the parties, via telephone conference, for December 1. This action follows Diebold's decision to withdraw the cease and desist orders it had issued to ISPs hosting websites that posted documents on voting machine flaws obtained from Diebold's website. Congressman Dennis J. Kucinich of Ohio joined Diebold's ranks of critics and posted links to several of the contested documents on his voting rights website and a request that the House Judiciary Committee hold a Hearing On Diebold’s Abuses Of Digital Millennium Copyright Act.
In an October 14 posting on the Best City, County and State Websites as determined by the Center for Digital Government, I should have noted the addition of a new category for best state judiciary website, which was awarded to the North Carolina Court System. Information is arranged by three main categories: Citizens (available in English and Spanish), Courts, and Employees, with quick links to the Judicial Directory Search and Judicial Forms Search.
From the National Electronic Commerce Coordinating Council (NEC3), "an alliance of state and local associations dedicated to the advancement of electronic commerce within governments," a new white paper, Maximizing Revenues and Saving Costs Through E-Government: Success Stories in the Public Sector (pdf, 61 pages). The 23 projects highlighted by this report showed a ROI of over $143m, demonstrated improved services provided to the public, and the implementation of new digital initiatives for government employees.
As an update to my September 22 posting OCLC Sues NYC Hotel Over Classification System, see this press release from OCLC, dated November 24, stating OCLC and The Library Hotel settle trademark complaint:
"To provide better service in alerting the American people to unsafe, hazardous or defective products, six federal agencies with vastly different jurisdictions have joined together to create www.recalls.gov -- a "one stop shop" for U.S. Government recalls." The participating agencies are the U.S. Consumer Product Safety Commission (CPSC), the National Highway Traffic Safety Administration (NHTSA), the U.S. Coast Guard, the Food and Drug Administration (FDA), the U.S. Dept. of Agriculture (USDA), and the Environmental Protection Agency (EPA).
Intelligence Authorization Act for Fiscal Year 2004 (Engrossed Amendment as Agreed to by Senate), (H.R. 2417). Senate agreed to conference report by voice vote, November 21. The conference report, H. Rept. 108-381, was approved by the House, by a vote of 264-163, on November 20.
A new report from the Pew Internet Project, released November 23, 2003:
Information science. Going, going, gone: lost Internet references. Dellavalle RP, Hester EJ, Heilig LF, Drake AL, Kuntzman JW, Graber M, Schilling LM, Science (subscription only), October 31, 2003, 302: 787-788.
Web search alert, Taking shortcuts, by Gwen Harris highlights useful quick and easy features to locate news, directions, weather, definitions, and zip-codes on Yahoo, Google and AllTheWeb.
When Free Isn't Really Free: Free applications may include adware, spyware, virusus, and result in copyright infringement lawsuits (music downloading). The article refers to the CDT report on spyware issued last week, about which I posted here and legislation to protect consumers against the collection of personal data via spyware, about which I posted here.
Increasing Your Visibility Using Blogs, by Jenny Levine, presented at the Internet Librarian Conference, November 3-5.
Conferees Reach Agreement on Landmark Identity Theft Legislation:
Press release, November 20 2003: EU Commission welcomes agreement of Council and Parliament to set up the European Network and Information Security Agency (ENISA).
Try Today's Hip Technology: Portable Flash Drives: how the flash drives work, how to install and use, and pricing.
United Nations Conference on Trade and Development, E-Commerce and Development Report 2003 (228 pages, pdf).
From the U.S. National Archives and Records Administration: Report of the President's Commission on the Assassination of President Kennedy.
GovExec.com reported on significant testimony before the DoD's Technology and Privacy Advisory Committee concerning the data collection software for CAPPS II, administered by TSA's Office of National Risk Assessment (ONRA - whose "mission is to develop and maintain risk assessment systems to detect known terrorists and other legislatively assigned programs" [Link]). Implemention of data authentication technology will apparently separate the process of screening passenger data, accomplished using commercial databases, from law enforcement's use of traveler information. A link to or copy of this testimony would be appreciated.
The 9/11 Commission continues to pursue access to essential documents according to this announcement of its intention to issue another subpoena, this time to New York City, in an effort to obtain "tapes and transcripts of 911 emergency calls...[and] transcripts of historical interviews with firefighters...conducted after the 9-11 attacks."
This afternoon, after considerable negotiation and recent reports of hightened pressure to reach an agreement, the House of Representatives voted 392-5 to accept an amended version, the pdf text of which is available via CNET, of the Senate's CAN-SPAM Act of 2003 (S. 877).
Reps. Markey, Pitts Introduce Wireless 411 Privacy Bill to Protect Consumers:
From Free Range Librarian by K. G. Schneider, Getting Started with RSS: The No-Brainer Method.
Cybersecurity & Consumer Data: What's at Risk for the Consumer? - Subcommittee on Commerce, Trade, and Consumer Protection, November 19, 2003.
From AIIM E-Doc Magazine Sep/Oct 2003, "One of the creators of XML talks about the past, present, and future of XML."
The USPTO granted patent 6,643,686 on November 4, 2003. It is "a system and method for circumventing schemes that use duplication detection to detect and block unsolicited e-mail (spam). InternetNews.com quotes the executive director of the SpamCon Foundation as seeing the technology as a "...potentially...effective tool against spam..."
The American Records Management Association Education Foundation sponsored a research project by John C. Montaña, J.D., titled Legal Obstacles to E-Mail Message Destruction (42 pages, pdf), published October 19, 2003. The report addresses risk management associated with e-mail retention, the definition and legal status of e-mail, state, federal and foreign government laws associated with the use of e-mail as a public record and for e-commerce transactions.
A recently conducted customer information protection survey highlights increasing consumer concerns regarding the security of their personal data in online transactions, especially in the e-tail arena. The survey identifies specific companies (including American Express, eBay and AOL) and industries (including hospitals, pharmacies and banks) in whom respondents indicated particular trust.
"America after 9/11: Freedom Preserved or Freedom Lost?" Senate Judiciary Committee, Full Committee, hearing held November 18, 2003. Unfortunately, at this time no testimony or member statements have been posted online. However, here is a link to the testimony of the ACLU's Nadine Strossen (thanks Marv!), to the testimony of the CDT's James Dempsey, and to the statement by ALA President Carla Hayden.
From FAS, this link to CRS reports for Congress on First Amendment topics, from the First Amendment Center. The 16 reports were published in 2003, and address topics that include Internet privacy, freedom of press and speech, and regulation of the telemarketing industry.
From the National Security Archive at George Washington University: Justice Delayed is Justice Denied - The Ten Oldest Pending FOIA Requests - Some FOIA Requests Wait More Than Ten Years Without Being Processed- Annual FOIA Reports Do Not Answer Congress's Question: How Long Does a FOIA Requester Wait? [Link]
In October I posted Minnesota Cannot Regulate Internet Telephony, and now note the growing interest on the federal level to regulate this technology by the end of 2004. On October 20, 2003 the Federal Communications Commission Technical Advisory Council (TAC) held a meeting on the topic of Voice over Internet Protocol (VoIP). The agenda is posted here, and although no spoken participation from the public was permitted, the council accepted written comments. VoIP currently allows users with a PC and Internet access to "call" another PC at no charge, or use a PC to call a phone or vice versa using VoIP gateways. There is growing interest in VoIP on the enterprise level, and the technology has some early law firm adopters.
The CAN-SPAM Act of 2003: Real Reform or Political Pork? by Neil J. Squillante:
For most employees, gone are the days when "signing in" to work involved the use of pen and paper. Now employees are issued smart cards and other electronic IDs used in conjunction with scanners and sensors throughout their office buidlings. Biometric technology is apparently the latest timekeeping application to be implemented in the workplace, and according to this Wall Street Journal article, "At New York law firm Akin & Smith LLC, paralegals, receptionists and clerks clock in by placing a finger on a sensor kept at a secretary's desk."
Judge Jeremy Foley, U.S. District Court, Northern District of California, will rule in the next several weeks on whether internal documents stolen from Diebold Inc., and posted to or linked from a range of personal, non-profit and university websites, must be removed due to copyright infringement. See my November 14 posting which details relevant information associated with this case.
"As Congress moves into the final wrangling over an update to the Fair Credit Reporting Act designed in part to slow the growth of identity theft, victim advocates are complaining the legislation might actually make things worse. The central issue is one of the oldest debates in American politics: states’ rights vs. a strong central government. But victim advocates worry that millions who face identity theft each year might have a hard time finding justice, and stopping the crime, if the states’ rights advocates lose the argument." [Link]
"Software giant Microsoft is testing its answer to Google's popular news aggregator and search site. "MSN Newsbot", on MSN UK, France, Spain and Italy, signals at least one of Microsoft's intentions as it seeks to build out its own search technology." [Link]
From the Center on Democracy and Technology (CDT), a new report, Ghosts in Our Machines: Background and Policy Proposals on the "Spyware" Problem" offers a straight-forward review of how spyware programs operate, how to locate and disable them, and federal laws that in some measure address this technology, albeit with less than satisfactory results for consumers. In conjunction with this report, the CDT has launched a Campaign Against "Spyware" in an effort to gather information from consumers which will then become part of a complaint to be filed with the FTC.
From InfoWorld, this useful review of the following anti-spam applications for use on the enterprise level: Brightmail Anti-Spam Enterprise Edition Version 5.1, FrontBridge TrueProtect E-mail Security Suite, Postini Perimeter Manager Enterprise Edition, Proofpoint Protection Server 1.2.1, and SpamAssassin 2.44, an open source spam filter included with Red Hat Linux 9.
"Welcome to the official website of the Thatcher Foundation, the largest contemporary history site of its kind. The site offers free access to the full texts of thousands of documents relating to the politics of the last quarter of a century." [Link]
From PrivacyRights.org, Position Statement on the Use of RFID on Consumer Products:
On November 13, I posted 9-11 Commission to Gain Access to Selected White House Docs. However, several sources thereafter reported that the commission is now divided over its acceptance of White House terms for access to the documents, which provides that they will be edited prior to the commission's reciept, to which only two of the ten members will have full access. The top secret Presidential Daily Briefs (PDBs) are authored by the CIA, and information related to Al Qaeda and the 9-11 attacks will be censored prior to delivery.
From FAS, news about this CRS report: "The occasional practice of holding closed door sessions of Congress is surveyed in Secret Sessions of Congress: A Brief Historical Overview by Mildred Amer, Congressional Research Service, updated August 5, 2003."
"Basic Hygiene" for Sensitive Data: "IBM Chief Privacy Officer Harriet Pearson talks about things -- mostly simple -- companies can do to help prevent identity theft."
Media Ownership and Democracy in the Digital Information Age - Promoting Diversity with First Amendment Principles and Market Structure Analysis (313 pages, pdf).
Cutting the Tether: Great Resources on Wireless, offers a dozen tips and links by Dennis Kennedy.
From BusinessWeek.com: The Web Smart 50: Areas evaluated include collaboration, customer service, customization, streamlining, management and cutting edge applications.
An EFF advisory addresses a legal challenge (initiated by two Swarthmore students, an ISP and a privacy group) in response to cease and desist orders issued by an electronic voting machine manufacturer. These orders were in response to the publication on the web of some 13,000 pages of internal corporate documents which included extensive discussion of equipment flaws. The manufacturer, Diebold Systems, Inc. is one of the country's largest suppliers of touch screening voting technology, with 33,000 of their machines in use in 37 states.
Related resources from EFF:
Related articles include:
New worm variant targets identity data:
Dipping into books online: Is it stealing?:
Press release from the Markle Foundation: Study Shows Market Competition and Government Encouragement are Key Drivers of Growth of the Internet in China:
This Salon article (sub. req'd, abstract available), Don't look now, but the dean is watching, focuses on university surveillance of all manner of Internet use by students (music downloads, e-mail, surfing).
Artists' Rights and Theft Prevention Act (ART Act). Statement by Senator Dianne Feinstein On Cornyn-Feinstein Legislation to Crack Down on Video and Audio Piracy, November 13, 2003.
According to CNN, the White House, after considerable delay, has finally agreed to provide the independent 9-11 Commission with selective access to the Daily Brief from both President's Clinton and Bush.
Digital Preservation and Copyright, by Peter B. Hirtle. The author focuses on allowable methods for libraries to copy and archive electronic data as provided by 17 USC, Sections 117 and 108, as well as the DMCA.
FTC "Surf" of 51 Internet Retailers Designed to Strengthen Consumer Confidence in Online Shopping:
On August 12, 2003 I posted that Microsoft Will Appeal $521M Patent Infringement Verdict. Today, InternetNews.com reported that Patent and Trademark Office (USPTO) examiners will undertake a new, thorough review of the patent on "a system allowing a user of a browser program on a computer connected to an open distributed hypermedia system to access and execute an embedded program object."
From Ben Edelman, Berkman Center for Internet & Society, Harvard Law School:
Internet Filters and Public Libraries by David L. Sobel is a new report (20 pages, pdf) that examines the June 23, 2003 Supreme Court ruling on the Children’s Internet Protection Act.
Plan for UN to run internet 'will be shelved':
World Privacy Forum, 2003 Job Search Privacy Study (81 pages, pdf) -
Job Searching in the Networked Environment: Consumer Privacy Benchmarks
As a follow-up to my posting on October 29, LC Grants Limited Digital Copyright Exemptions, Attorney James S. Tyre of the Censorware Project posted this entry on his blog, Censorware Exemption to DMCA Anti-circumvention Provisions In Effect For Another Three Years, that includes the full text of the Register's recommendation in support of the censorware exemption (congratulations to Jim and Seth Finkelstein).
From Denise Howell's blog, What Has Your Blawg Done For You, Your Clients, Your Profession, Lately? Issues addressed include:
From The Yale Journal of Law & Technology (YJoLT):
According to News.com, Microsoft will include a a pop-up blocker in the new version of Internet Explorer for Windows XP, early next year.
Noted author Umberto Eco delivered a speech on 10/11/03 at the Library of Alexandria on the future of books in which he stated:
Companies largely ignore Web sites lambasting them:
From FCW.com:
Why and How to Use Blogs to Promote Your Library's Services, by Darlene Fichter:
Spammers Can Run but They Can't Hide:
The House Energy and Commerce Committee Telecommunications and the Internet Subcommittee held a hearing on November 6 entitled, Computer Viruses: The Disease, the Detection, and the Prescription for Protection:
From the Commission's November 7 press release:
Last year I posted about 321 Studios' DVD copying software, and the company is once again back in the news with regard to the recent Library of Congress ruling granting limited digital copyright exemptions. The company's request for an exemption for its class of works under the DMCA was denied.
"More than a million households deleted all the digital music files they had saved on their PCs in August, according to new information released by The NPD Group. NPD credits the ongoing RIAA anti-piracy campaign and related media attention as having had a measurable effect on the actions of many consumers in regard to the illegal sharing of digital music. In a related survey of consumer perception, however, NPD found that consumers’ overall opinion of the recording industry is suffering as a result of the record industry association’s well-publicized legal tactics."
Online Drug Pharmacy Shuttered:
Google Deskbar: Search using Google without opening your browser:
In Amazon's Text-Search, a Field Day for Book Browsers:
The Senate vote on a ban on taxes for Internet services (ISPs, music and entertainment) was postponed due to lack of agreement on the time frame for the extension (either five years, or permanently). States contend that lost revenues from a permanent ban will amount to more than $20 billion per year.
The Most-Cited Legal Periodicals: U.S. and selected non-U.S. website has been updated, according to John Doyle, Washington & Lee School of Law Library. The searchable database consists of 833 journals. Each journal is assigned topical references, and users may link directly to each specific journal's homepage. Citations are provided to sources from Westlaw to access the full-text of journals not available on the web. See the Explanation/Methodology webpage for more details.
Napster has agreed to provide students at Penn State University with free access to their music downloading service. This program is the first in what apparently will be a number of offers to students on campuses throughout the country in an effort to stem the tide of digital music piracy.
"On November 3, the American Booksellers Foundation for Free Expression and free speech groups representing librarians, publishers, writers and others filed a brief [in support of the ACLU's complaint filed July 30] that strongly supports a legal challenge to the constitutionality of the provision of the USA Patriot Act that gives the FBI virtually unlimited access to personal, organization and business records, including bookstore and library records. The U.S. Justice Department has filed a motion to dismiss the case." [Link]
Internetnews.com reports that the Internet Committee of the National Association of Attorneys General sent a letter to House leaders indicating their opposition to the CAN SPAM Act, under consideration by the House and already passed by the Senate. The reasons included "that the amended act has so many loopholes, exceptions and standards of proof that it won't protect consumers," and "that the law wouldn't deter spammers, but merely foster more litigation."
The Federal Trade Commission issued a news release today on a temporary restraining order obtained from District Court, Northern District of Maryland against D Squared Solutions, a company that bombarded Windows Messenger service users with pop-up ads, whether or not consumers were on the web.
A Legal Group Formed to Defend Civil Liberties on the Web Gears Up to Fight the USA Patriot Act:
"So-called phisher e-mails, which look like authentic notes from real companies like eBay, Citibank or America Online, are a growing problem for Internet users, who continue to fall for the dupe and give away credit card numbers, Social Security numbers, and other critical personal data." [Link]
The Memory Hole announced that it has added links to over 300 Congressional Research Service Reports (Long Reports, Short Reports, Issue Briefs, Appropriations Reports) that were recently removed from free public web access. These CRS research are only a selection of the total number published, and the editor of The Memory Hole website is actively seeking reader contributions of additional reports. [thanks to Suzanne Colligan]
"Microsoft Corp. today announced the creation of the Anti-Virus Reward Program, initially funded with $5 million (U.S.), to help law enforcement agencies identify and bring to justice those who illegally release damaging worms, viruses and other types of malicious code on the Internet. Microsoft will provide the monetary rewards for information resulting in the arrest and conviction of those responsible for launching malicious viruses and worms on the Internet. Residents of any country are eligible for the reward, according to the laws of that country, because Internet viruses affect the Internet community worldwide." [Link]
The Information Industry Revolution: Implications for Librarians:
From the EFF press release:
"The Trademark Trial and Appeal Board (TTAB) of the U.S. Department of Commerce's United States Patent and Trademark Office (USPTO) has expanded the options for electronically filing documents in trademark disputes. Using the Electronic System for Trademark Trials and Appeals (ESTTA) system, parties to a dispute now can file more documents electronically with the TTAB, including requests for extension of time to oppose and notices of opposition. Parties also can use ESTTA to file motions and other documents in inter-partes cases." [Link]
Discussion led by Frederic Haber, General Counsel for the Copyright Clearance Center, on Digital Rights Management.
Amazon's Search Inside the Book database which allows consumers the chance to search the text of books and print pages (up to 100 in some cases) prior to purchase, ran into controversy with its launch October 23. Today Wired reported that the service will no longer permit users of the service to print pages that they may view from within books, due to objections from authors.
Microsoft's new Windows Server 2003 allows users to implement digital rights management applications for Word, Excel and PowerPoint documents as well as Outlook emails. [Link] See my previous posting on this new version here.
As I posted on October 27, two students at MIT created an innovative and supposedly legal music downloading service for use by the students. Reports now indicate the service (called LAMP) has been curtailed due to a licensing dispute.
Government Computer News reports that the Navy is piloting the use of enterprise blogging applications for specialized technical projects. This pilot will serve as an evaluation platform for adoption of blogging by other branches of the service.
The increase in the number of attacks against the Internet has raised growing concerns about national security. The San Franscisco Chronicle reported that researchers from UC Berkeley and the University of Southern California received a $5.6 million grant to build a parallel Internet, on a much smaller scale, which will be subjected to malicious attacks to tests its stability and identify major flaws.
From the FTC:
From 60 Minutes, Pirates of the Internet:
