December 31, 2003
Auto GPS Systems Raise Privacy Issues
Global Positioning System (GPS) technology is a premium feature in many new cars. However, as this New York Times article details, these systems may be used for "Big Brother" surveillance by law enforcement, often without the knowledge or permission of the car owner.
New CIA Museum Exhibits Exotic Techie Gadgets from Bygone Era
The CIA's Directorate of Science and Technology is exhibiting some of its historic, unique and formerly secret techie gadgets, dating back to the 1940s, for employees and invited guests only, according to this AP report: "...the exhibits include a robotic catfish, a remote-controlled dragonfly and a camera strapped to the chests of pigeons.."
EPIC Reviews Major Privacy Issues of 2003
"EPIC's survey of the 2003 Privacy Year in Review notes the collapse of Total Information Awareness, surveillance cameras in schools, a Supreme Court victory for privacy, legal battles over the Do Not Call list, busted luggage locks, anti-terrorism law used for routine criminal investigations, and a conservative radio commentators asking for privacy."
Nielsen/Net Ratings Internet Access Survey
Three Out of Four People Connect to the Internet Through Non-Browser Based Applications:
"...76 percent of active Web surfers access the Internet using a non-browser based application. Media players, instant messages and file sharing applications are the most popular Internet applications."
See also The Fabulous Disappearing Internet.
Natural Resources Defense Council Best of the Web 2003
The Natural Resources Defense Council announced their choices for the best environmental websites of 2003 here.
December 30, 2003
DoD Inspector General Audit Report on Terrorism Information Awareness Program
Information Technology Management, Terrorism Information Awareness Program, December 12, 2003, Deparment of Defense, Office of the Inspector General. "This report completes our response addressing concerns of Senators Grassley, Nelson, and Hagel and discusses whether development of the DARPA TIA program included safeguards to ensure the technology was properly managed and controlled in an operational environment...DARPA could have better addressed the sensitivity of the technology to minimize the possibility of any Governmental abuse of power....[Link to the full text report, 42 pages, pdf]
From the accompanying summary: "The Under Secretary of Defense for Acquisition, Technology, and Logistics (USD (AT&L)) should appoint a Privacy Ombudsman or equivalent official specifically for the development of Terrorism Information Awareness type technology who will ensure that individual Terrorism Information Awareness type technology are scrutinized from a privacy perspective as a means of safeguarding individual privacy."
Pentagon Criticized on High-Tech Spying
Gov't Warning Issued About Terrorists and Almanacs
FBI urges police to watch for people carrying almanacs:
An FBI Intelligence Bulletin warning indicates that almanacs may be used by terrorists "to assist with target selection and pre-operational planning," but acknowledges that use of such reference works may constitute "legitimate recreational or commercial activities."
The Register wonders if this includes the CIA World Factbook.
Recent Research Report on Travel Websites
From ConsumerWeb Watch, a report issued December 8, Booking and Bidding in the Blind: An In-Depth Examination of Opaque Travel Web Sites
From the Executive Summary: "Booking travel can be complicated, but the complexities increase tremendously when a consumer books through an "opaque" travel Web site such as Hotwire or Priceline that does not reveal key aspects of the itinerary — including the name of the airline, hotel property, or car rental firm — until after the non-refundable reservation has been made. Further, that process can be even more complex if the opaque site requires the consumer to bid for the travel product, as Priceline does."
National League of Cities Resolution on Patriot Act
Amend PATRIOT Act Urges National League of Cities:
"Portions of the USA PATRIOT Act compromise the U.S. Constitution and Bill of Rights and should be amended, says a resolution recently passed by the National League of Cities at its annual meeting. The resolution says that while the National League of Cities believes that efforts to prevent and respond to acts of terrorism require extensive coordination among the federal, state, and local governments, such efforts "should not disproportionately infringe on the essential civil rights and liberties of the people of the United States."
December 29, 2003
Robotic Book Scanning a Tool for Preservation and E-Commerce
This past May, I posted on a digital book scanning project underway at the Stanford University Libraries. As a follow-up, the USA Today reports on automated digital scanning hardware and software from Kirtas Technologies, Inc. that facilitates the "digitization of massive document libraries, fully automating the scanning of bound documents (emphasis added) at a capture rate of 1200 pages per hour." The Library of Congress has an Information Technology Services (ITS) scanning team, and Amazon has undertaken a program to scan millions of books for its Search Inside the Book application.
See also, Amazon page search alarms writers of cookbooks, references...."Even with the print function disabled, authors fear recipe theft."
E-Voting Tech Company Hacked
This afternoon AP reported that VoteHere Inc., a company that provides "secure e-voting technology," was the victim of hackers some months ago. Internal documents and blue prints were stolen, and the case is under investigation by the FBI. VoteHere contends the crime was committed in an effort to undermine e-voting technology, which has been assailed recently on issues related to product flaws, questionable security and lack of voter verification.
Marked Increase in Cybercrime in 2003
The federally funded Internet Fraud Complaint Center, last week renamed the Internet Crime Complaint Center (IC3), reported a 60% increase in a range of cybercrimes from 2002 to 2003. According to the IC3, cybercrimes include: Intellectual Property Rights (IPR) matters, Computer Intrusions (hacking), Economic Espionage (Theft of Trade Secrets), On-line Extortion, International Money Laundering, and Identity Theft.
U.S. Animal Tracking Database Still Under Development
United States Animal Identification Plan (USAIP) Draft, pdf, 74 pages.
Nielsen/NetRatings Chooses Top 10 Internet Apps and Sites
How the Internet Has Changed Our Lives - The sites that have "had the greatest impact on Internet and on society as a whole" include: Google, eBay, Microsoft Outlook, Amazon, and Blogger.
Real Time Video of Washington, DC Area Traffic
Traffic flow in the greater DC, Virginia and Maryland metro areas are now covered by almost 300 closed circuit video cameras whose live feeds can be viewed on the Internet via TrafficLand.com. Users simply chose specific areas by clicking on a map designating major highways and commuter routes to view real-time traffic patterns.
Growth in Number of Net Users Stalls With Over 60% of Americans Online
From today's Christian Science Monitor: The Internet hasn't reeled in everyone yet
America's Online Pursuits: The Changing Picture of Who's Online and What they Do, a report released December 22 by the Pew Internet & American Life Project. [Link]
Table of Contents
Full report in pdf, 101 pages
From the Summary of Findings: "Despite this growth in activity, the growth of the online population itself has slowed. There was almost no growth over the course of 2002 and there has been only a small uptick in recent months to leave the size of the online U.S. adult population at 63% of all those 18 and over. More than three-quarters of those between the ages of 12 and 17 use the Internet."
December 28, 2003
Quick, Practical Tips toThwart ID Theft
How You Can Thwart ID Thieves quickly cuts to the chase and enumerates eight free or low-cost ways to protect yourself against ID theft. For more resources, see my other postings on this topic here.
Santa Barbara Prosecutor Website Stirs Controversy
Jackson Web Site Unites, Divides Legal Profession:
The Santa Barbara prosecutor in the Michael Jackson case launched a website to disseminate key documents in what is described as an unusual action in such a high-profile criminal case. There is a growing interest in public access to court documents, and this article highlights several blogs, government and commercial sites that link to and/or host copies of such records.
Federal Regulators Seek Public Comment on Protecting Financial Data
This FTC press release details a joint proposed rulemaking of eight federal regulators on new regulations under the Gramm-Leach-Bliley Act (GLB Act) to ensure that financial institutions provide practical, effective mechanisms to ensure the privacy of their customers' personal data.
Advance notice of the proposed rulemaking, Interagency Proposal to Consider Alternative Forms of Privacy Notices under the Gramm-Leach-Bliley Act
Examples of proposed alternatives for new privacy notices: Appendix A, Appendix B, Appendix C, Appendix D.
CAN-SPAM Act Does Not Limit Political E-Mail
From today's New York Times, an article on how House members are purchasing email lists to spam constituents (with the caveat that the messages include an opt-out option) in an effort to build a list of potential voters comprised of those who have chosen to opt-in and receive future messages.
New Mexican Legal Dictionary/Desk Reference
This new book, Mexican Legal Dictionary and Desk Reference, by prolific author and international/comparative law scholar Professor Jorge Vargas, should be in the library collection of any organization that conducts research on Mexican law. The resource includes "over 3,000 legal terms, definitions, rules and legal principles taken from federal codes, federal statutes, regulations, bilateral treatises and international agreements between the United States and Mexico."
Recent Book on Internet Strategies
From Steven M. Cohen, Keeping Current, Advanced Internet Strategies to Meet Librarian Patron Needs. This book comprises five chapters, and focuses primarily on web-based current awareness strategies; resources for staying abreast of advances in search engines techniques and learning about new features; reviews of software for monitoring changes on websites; and how best to leverage content from topical and research specific weblogs. The book includes useful screen shots, recommendations for web-based current awareness services (free and fee), as well as discussion of the limitations of these resources.
December 22, 2003
Tips to Safeguard Online Privacy
From Perry Aftab, this article on pro-active ways to use the web to ascertain what personal information is online about you and your children, and suggestions for safe web use and protecting your privacy while online. See also her site, WiredSafety, which focuses on resources to combat cybercrime.
Leveraging Blogs for Effective Library Communications
Building a Home for Library News with a BLOG
See also Blogging: One Firm's Experience, Karen Lasnick and Julie Weber of Bryan Cave discuss their implementation of multiple, practice specific blogs to facilitate information dissemination.
December 19, 2003
NY State AG Files Suit Against Reputed Kingpin Spammers
New York State Attorney General Eliot Spitzer announced the state is suing Synergy6, Inc. and Delta Seven Communications, LLC, whose principals are accused of disseminating over one billion spam messages each week.
Synergy6 Complaint
Synergy 6 Exhibits
Court Rules RIAA May Not Subpoena ISPs for Downloader Data
The U.S. Court of Appeals for the District of Columbia ruled today that the recording industry cannot use subpoenas to enforce claims of copyright infringement under the DMCA by compelling ISPs to turn-over customer data on alleged music downloaders.
From the decision: "It is not the province of the courts, however, to rewrite the DMCA in order to make it fit a new, unforseen internet architecture, no matter how damaging that development has been to the music industry or threatens being to the motion picture and software industries."
The full-text of the decision, Recording Industy of America Inc. vs. Verizon Internet Services, Inc., 03-7015a, is 16 pages, pdf.
RIAA v. Verizon Case Archive, from EFF
Press release from Verizon: Verizon Wins Fight to Protect Internet Safety and Privacy: "Today's ruling is an important victory for Internet users and all consumers. The court has knocked down a dangerous procedure that threatens Americans' traditional legal guarantees and violates their constitutional rights."
From the New York Times, Record Industry May Not Subpoena Online Providers
December 18, 2003
New DoD Website Targets War on Terrorism
The Department of Defense Transformation website provides links to government documents that focus on the technology capabilites of the U.S. armed forces engaged in the fight against terrorism.
NASA Websites Felled by Hackers
According to Government Computer News, the content on 13 NASA websites was compromised by hackers, requiring them to go offline in what is described as "one of the most significant breaches of .gov domain … sites in the last six months." At the time of this posting, the sites listed in the article were still unavailable.
Washington Post Reports on Disappearing Docs. From Gov't Websites
From today's Washington Post (WP), an article titled White House Web Scrubbing details the ongoing removal of controversial documents from government websites by the White House. A specific example is the disappearance from the USAID site of a link to a transcript of statements made by the agency's Administrator Andrew S. Natsios that the cost of Iraqi reconstruction would be $1.7 billion. The actual cost of the war and reconstruction may be as high as $400 billion over a several year period. See the President's September 17, 2003 request for FY 2004 Supplemental Appropriations totaling $87 billion to fund the war and reconstruction.
The original address of the link was http://www.usaid.gov/iraq/nightline_042403_t.html. This page now contains the following message: "We're sorry. The page you are trying to request may be temporarily unavailable or may no longer exist on the USAID web site, or may have changed locations due to our recent redesign."
The WP also reports that the cached link to the USAID page has been removed from Google as well. Neither is the text of the document available in the Internet Archive or for free on the ABCNews.com Nightline site, the program that conducted the interview with Natsios. However there is a link on the Nightline website to purchase the transcript of the April 23 interview for $14.95.
See also my recent posting, New Report and Resources on Gov't Docs. Disappearing From Public Access
Predictions That Cybercrime Will Increase in 2004
From the Washington Post, Online Financial Crime Headed From Bad to Worse. Worms, viruses and browser flaws will all continue to pose security risks for enterprise wide networks and home users alike in 2004.
There are numerous web resources on these topics, and here are several to keep you current on the latest threats: Internet Storm Center, Symantec Security Response, the McAfee Security Virus Calender, and the CERT Coordination Center.
CRS Report on Government Continuity in Times of National Emergency
Via Secrecy News, this link to an important recent CRS report, Continuity of Government, Current Federal Arrangements and the Future. From the Summary:
"Continuity of government refers to the continued functioning of constutitional government under all circumstances. Arrangements for the continued operation of the federal government in the event of a national emergency or catastrophe are specified in law, policy, and plans, some of which are not public information, given their sensitive, contigent status. This report reviews the public record concerning federal continuity of government arrangements."
Chair of 9/11 Commission Declares Attacks Could Have Been Prevented
According to this CBSNews.com report, Thomas H. Kean, Chair of the 9-11 Commission, which has struggled to obtain essential government documents to conclude its investigation and issue a report by the end of May 2004, has gone on record with the following statements:
""As you read the report, you're going to have a pretty clear idea what wasn't done and what should have been done....This was not something that had to happen."
Links to previous postings on the Commission's efforts to determine the facts concerning the events that contributed to the 9/11 attacks are here.
December 17, 2003
Effective Dates for Fair and Accurate Credit Transactions Act of 2003
From the FTC website, this press release from December 16 announcing the effective dates for the Fair and Accurate Credit Transactions Act of 2003 (FACTA), H.R. 2622, Public Law No: 108-159.
Federal Trade Commission (16 C.F.R. Part 602) and Board of Governors of the Federal Reserve System (12 C.F.R. Part 222): Effective Dates for the Fair and Accurate Credit Transactions Act of 2003 - Joint Notice of Proposed Rulemaking: Text of Federal Register Notice; Joint Interim Final Rules: Text of Federal Register Notice
California May Take Action Against E-Voting Manufacturer
E-voting machine manufacturer Diebold Inc. is in the news again, this time in connection with possible California state election law violations, according their Secretary of State, as determined by an auditors report that revealed the use of unapproved software in the last election.
In related news, see this article Critics: Convicted felons worked for electronic voting companies based on information from documents (links here, here and here) from Black Box Voting.
President Signs New Homeland Security Directives
Homeland Security Presidential Directive/Hspd-8:
"This directive establishes policies to strengthen the preparedness of the United States to prevent and respond to threatened or actual domestic terrorist attacks, major disasters, and other emergencies by requiring a national domestic all-hazards preparedness goal, establishing mechanisms for improved delivery of Federal preparedness assistance to State and local governments, and outlining actions to strengthen preparedness capabilities of Federal, State, and local entities."
Homeland Security Presidential Directive/Hspd-7:
"This directive establishes a national policy for Federal departments and agencies to identify and prioritize United States critical infrastructure and key resources and to protect them from terrorist attacks."
Google Introduces Book Search Feature Beta
Google Print (BETA) FAQ:
"During this trial, publishers' content is hosted by Google and is ranked in our search results according to the same technology we use to evaluate websites. On Google Print pages, we provide links to some popular book sellers that may offer the full versions of these publications for sale. Book seller links are not paid for by those sites, nor does Google benefit if you make a purchase from one of these retailers." [Google Weblog] A number of searches for fiction titles published in the past five years yielded links to Amazon, but not to Google Print. See also this New York Times article:
Google Experiment Provides Internet With Book Excerpts.
More Google news: Their product search service, Froogle, is now a link on the main page, timed for holiday shopping. See this netimperative article for more info, as well as this FAQ.
ICANN Approves Global User Community Participation
From a December 16 announcement by ICANN:
"In an important step towards fulfilling the Internet Corporation for Assigned Names and Numbers' (ICANN's) objective to have informed, structured participation of the individual Internet user community ("At-Large"), six organizations in three geographic regions have received "At-Large Structure" certification. Certification recognizes that the following groups meet ICANN's criteria for involving individual Internet users at the local or issue level in ICANN activities and for promoting individuals' understanding of, and participation in, ICANN..."
December 16, 2003
New Guide to Electronic Discovery
Electronic Discovery and Evidence by Michael R. Arkfeld, with eight chapters on topics that include: the creation and storage of electronic information, Computer Forensics, Experts and Service Bureaus, Discovery and Production Process, and Court Procedural Rules and Case Law.
See also Raves for Two New EDD Books
EU Reaches Determination on Passenger Name Record Data Collection
Quoting from the 16th December 2003 speech by Frits Bolkestein, Member of the European Commission in charge of the Internal Market, Taxation and Customs concering EU Data Protection:
"Firstly, clear limits on the amount of data to be transferred with a closed list of 34 elements. Furthermore, the US has undertaken not to require airlines to collect any data where any of these 34 elements would be empty. In practice, most PNRs consist of no more than 10-15 items." The agreement does not cover CAPPS II.
See this Department of Homeland Security Fact Sheet: Homeland Security and European Commission Reach PNR Agreement
See also my October 9 posting, EU Issues Update on Airline Passenger Data and European Commission/US Customs talk on Passenger Name Record (PNR) transmission, February 2003.
Report Calls for Regulation of Internet Telephony
The New Millennium Research Council today (NMRC) issued a press release and a report titled, The Future of Internet Phone Calling, Regulatory Imperatives to Protect the Promise of VoIP for Industry and Consumers [Link].
From CNN, see also Firms answer call for Internet phones
See also this December 15 letter from EPIC to FCC Chairman Powell seeking privacy protections for VoIP users.
President Signs Anti-Spam Bill
Fact Sheet: President Bush Signs Anti-Spam Law
A link to the CAN-SPAM Act (S. 877, P.L. 108-187, 117 Stat. 2699) is available in this posting. The law is effective January 1, 2004.
Today FTC Chairman Tim Muris answered questions about the spam bill submitted by email to through government's "Ask the White House" online forum.
Supreme Court to Review Cheney Energy Case
The GAO failed in their effort to obtain access to essential documents from Vice President Cheney's National Energy Policy Development Group in order to determine if the nation's energy policy was influenced by corporations with a financial stake in the outcome. See my August 26 posting for links to relevant documents and commentary on this issue. On December 15, the Supreme Court agreed to decide whether the VP's documents must be released to the public. (Cheney v. U.S. District Court, No. 03-475.) See the Federal Advisory Committee Act, specifically section 10 (a)(1) - Each advisory committee meeting shall be open to the public.
Coverage of the issue is available at the links listed below, with the caveat that full-text access will be archived by most newspapers after seven days.
Supreme Court will decide what Cheney discloses- Houston Chronicle article by Patty Reinert (Dec 16, 2003)
Justices Will Hear Appeal on Cheney's Energy Panel - New York Times article by Linda Greenhouse (Dec 16, 2003)
Supreme Court to Hear Cheney Energy Task Force Case - Reuters article by Susan Cornwell (Dec 16, 2003)
From a December 16 LA Times article (reg. req'd), "The Supreme Court agreed Monday to consider erecting a shield of secrecy around Vice President Dick Cheney and the other close advisors to the president whenever they are discussing official business."
Iowa Launches Government Accountability Website
Results Iowa - Accountability for Iowa:
"This website is part of our account to you on how we are doing with the responsibilities and resources that you have entrusted to Iowa state government. In one easily accessible place we are sharing our goals at an enterprise level (The Leadership Agenda), and department by department (Departments' Performance). You can see how we measure performance (Performance Plans), as well as how we are going about our work (Strategic Plans).
Excellent design and navigation structure, and a content rich resource for the citizen's of this state as well as government employees.
InformationWeek Survey on Workplace Web Surfing
InformationWeek conducted a Cyberloafing Study to determine the level of personal use of the web on the job by a group comprising 225 business-technology professionals. Survey says: 91% admit to personal use of the web on the job. Most were using the web to access their personal email and to "search for items of personal interest."
December 15, 2003
Popularity of Faxing on the Rise
This BBC article reports on the incredible staying power of the fax machine after three decades of use.
Canadian Board Determines Music Downloads Legal But Not Uploads
A December 12 ZDNet article provides a link to the Copyright Board of Canada decision, the press release and a fact sheet.
Gilmore Commission Report on Homeland Security Addresses Civil Liberties
Forging America's New Normalcy: Securing Our Homeland, Protecting Our Liberty - The Fifth Annual Report to the President and the Congress of the Advisory Panel to Assess Domestic Response Capabilities for Terrorism Involving Weapons of Mass Destruction, December 15, 2003:
From the press release: "The commission calls on the president to create an independent, bipartisan oversight board to provide counsel on homeland security efforts that may impact civil liberties, even if such impacts are unintended. The commission says the board is needed because of the potential chilling effect of government monitoring conducted in the name of homeland security."
Link to the full-text report, 329 pages, pdf.
Link to the Executive Summary and List of Key Recommendations, and a
link to the Appendices (275 pages, pdf).
Public Access to CRS Reports Will Remain Limited
An incisive news article from the December 12 Ohio Times-Reporter presents Congressional and advocacy group perspectives on public access to CRS reports, a controversial issue about which I have posted a number of times. CRS does not maintain a public access website, but online access to selected reports is available through several non-government websites, and copies of the full-text reports from 1995 are available for purchase individually or through a subscription service, from one private source.
Californians, the Internet, and Healthcare
From the Pew Internet and American Life Project: Wired for Health: How Californians compare to the rest of the nation: A case study sponsored by the California HealthCare Foundation, released December 14, 2003:
Table of Contents
From the Summary of Findings: "Low-income Californians are more likely than other low-income Americans to go online and to search for health information."
From the California Healthcare Foundation, a new webpage, Resources on California's Health Insurance Act of 2003 (SB 2)
New Report and Resources on Gov't Docs. Disappearing From Public Access
From U.S. News, an extensive investigative report on How the public's business gets done out of the public eye:
"For the past three years, the Bush administration has quietly but efficiently dropped a shroud of secrecy across many critical operations of the federal government--cloaking its own affairs from scrutiny and removing from the public domain important information on health, safety, and environmental matters."
See also this related December 12 report from pbs.org and NOW with Bill Moyers: Veil of Secrecy - Is Freedom of Information Becoming a Thing of the Past?
December 12, 2003
E-ZPass Technology, Law Enforcement and Privacy
Do you have an E-ZPass electronic tag? Have you received a notice in the mail indicating you were speeding on a particular date and time, or to enquire why your vehicle was traveling on the I-95 corridor on a specific date? The tag is a commuter convenience, and a law enforcement tool, as noted by this article that describes how the technology was used in the investigation into the recent death of an Assistant U.S. Attorney. But privacy issues associated with transportation surveillance also merit review.
World's Largest Databases
According to the Winter Corporation Top Ten Program for 2003, the organizations identified as maintaining the "world's largest and most heavily used databases" using either Windows or Linux platforms include: France Telecom, AT&T, Amazon.com, FedEx Services, and at number 4, an organization listed as "Anonymous." [Slashdot]
Copyright Infringement Lawsuits Against Document Retrieval Services
Leading Publishers Sue Document Deliverers For Copyright Infringement; New Lawsuits Reflect Growing Infringement of Digital Content:
The Copyright Clearance Center is coordinating lawsuits by five prominent publishers (including Elsevier Inc. and John Wiley & Sons, Inc.), against document retrieval companies Medical Review Services and LMS Information Services for unauthorized duplication and sale of copyrighted materials published by the plaintiffs.
The cases were filed 11/05/03 and 11/06/2003 respectively, in the U.S. District Court, District of Massachusetts: references - 1:03-cv-12178-DPW, American Chemical Society et al v. Roundy Loren Mateo, d/b/a Medical Review Services, and 1:03-cv-12179-EFH, American Chemical Society et al v. LMS Information Services. (Pacer)
Senator to Introduce Bill to Verify E-Voting With Paper Records
Sen. Barbara Boxer (D-CA) announced her intention to introduce legislation in early 2004 to ensure that every vote counts, by requiring that e-voting machine manufacturers provide built-in, not expensive add-on, paper records to verify the accuracy and security of the machines.
Note: on May 22, 2003 Rep. Holt introduced the Voter Confidence and Increased Accessibility Act of 2003 (H.R. 2239)
See also this commentary: Why the Best Voting Technology May Be No Technology at All
December 11, 2003
Online Disability Resources For Libraries from the UK
From the Council for Museums, Archives and Libraries (UK), four valuable new guides, from a group of 12 to be released by February 2004, that address "how best to meet the needs of disabled people as users and staff in museums, archives and libraries."
Disability in Context
Meeting Disabled People
Training for Equality
Audits
Academic Freedom Post 9/11
The American Association of University Professors recently published a report, Academic Freedom and National Security in a Time of Crisis:
"The report focuses first on the USA Patriot Act, especially on provisions of this hastily enacted law that gravely threaten academic freedom. The report addresses broad areas of concern, such as the ominous mingling of law-enforcement and intelligence-gathering activities, the impairment of public access to vital information, and the questionable efficacy of these measures in combating terrorism. Specific concerns include the loosening of standards under which the government authorities can compel disclosure of electronic communications."
A Commentary on Whether the Patent Process is Broken
From the Washington Post's Jonathan Krim, this article Patenting Air or Protecting Property? reviews the growing criticism of the USPTO's patent process, and details the marked increase in lawsuits involving Internet-related technologies from companies that include high-profile Amazon, Microsoft, Blackberry, and eBay.
Concerns Over E-Voting Prompt Addition of Paper Receipts
Dean Heller, Nevada Secretary of State, issued a news release December 10 on his decision to purchase Direct Recording Electronic (DRE) voting machines from Sequoia Voting Systems, and to require the inclusion of "voter verifiable receipt" technology to accompany each machine. This makes Nevada the first state to adopt such a requirement, and reflects growing voter and state concerns subsequent to the Diebold controversy.
See also this article from today's Maryland (P.G. county) Gazette, that states: "An e-mail found in a collection of files stolen from Diebold Elections Systems' internal database recommends charging Maryland "out the yin-yang," if the state requires Diebold to add paper printouts to the $73 million voting system it purchased." As I posted previously, the state of Maryland entered into an purchase agreement with Diebold this past July.
UK Sites Not Vigilant About User Privacy
A new survey that targeted the UK's top 90 websites revealed a widespread lack of privacy compliance just as the Privacy and Electronic Communications Regulation comes into force today.
McCain-Feingold Upheld by Supreme Court
The text of Wednesday's Supreme Court decision, McConnell v. Federal Election Commission, upholding the McCain-Feingold campaign finance reform bill (S. 25), is here in pdf (298 pages).
More News About Tech Moving Offshore
As a follow-up to my posting yesterday, Are Paralegal Work and Legal Research Next to Go Offshore? this afternoon Reutersreported that Google will establish an R&D center in India in early 2004.
News Feeds for the Legal Community
Thanks to fellow blogger Dennis Kennedy for the mention of beSpacific in his article, Beating Information Overload with News Aggregators, from the November/December 2003 issue of ABA Law Practice Management.
December 10, 2003
Federal Agencies Receive Failing Grades for Info Security
Rep. Adam Putnam, (R-Fla.) in conjunction with the House Government Reform Committee's Subcommittee on Technology, Information Policy, Intergovernmental Relations and the Census, issued a comparison chart, using an A through F grading scheme, to evaluate government agency information security in 2002 and 2003. It should be noted that the governmentwide average rose from an F to a D this past year. Feel more secure now! See this Federal Computer Week article for more details as well as to review a copy of the chart.
New ID Task Force for California County
The San Diego County Californa Board of Supervisors will institute an ID Theft Task Force in cooperation with the DA and law enforcement as a means to combat the second highest rate of ID theft in the state. [Link]
New Microsoft Patent for Writing Windows Apps Using HTML
TechDirt posted on a patent awarded by the USPTO to Microsoft yesterday for a "Method and apparatus for writing a windows application in HTML."
See also Microsoft wins HTML application patent
Credit Industry and Workplace Procedures to Prevent ID Theft
From the Privacy Rights Clearinghouse: Testimony on December 9 by Beth Givens to the San Diego County Chairman's Conference on Identity Theft--Prevent Identity Theft with Responsible Information-Handling Practices in the Workplace. "The keys to prevention are two-fold, involving the credit industry and the workplace:
The credit issuing industry must drastically improve procedures for assessing the legitimacy of credit applications. The credit reporting industry must be required to notify individuals when fraud-related indicators are noted on their credit reports.
Employers and businesses must establish responsible information-handling practices involving sensitive personal information such as Social Security numbers and account information."
Are Paralegal Work and Legal Research Next to Go Offshore?
Information Week reported yesterday that law firms are actively considering sending white collar jobs offshore, where paralegal salaries are between $6 and $8 per hour, while the average in the U.S. is over $17. The statistics for this article were obtained from a research report sponsored by the University of California, Berkeley, Fall 2003, titled The New Wave of Outsourcing. The outsourcing first wave began in the 1980s and focused on manufacturing. The next wave encompasses white collar jobs according to the authors, and is driven by the ubiquity of the Internet and global communications applications. Telecommunications, ISPs, telephone call centers, software design, and other non-manufacturing related sectors are increasingly at risk to outsourcing, due in no small measure to huge discrepancies in U.S. salaries vs. those in Eastern Europe, Asia and Ireland.
December 09, 2003
Largest E-Voting Machine Vendors Launch Trade Group to Counter Negative Press
Voting-Machine Makers To Fight Security Criticism
From ZDNet: "As electronic voting machines prepare to go to the polls in large numbers, major vendors are collaborating to shore up support for them." [Link]
See the Information Technology Association of America Election Technology Council Press Kit, which includes a Press Release, a Statement of Principles, ETC Leadership Remarks and Frequently Asked Questions.
See also my previous postings on e-voting machine manufacturer Diebold, and their recent lawsuit on internal documentation of product flaws published to the web.
Continued Controversy in Sale of Mexican Voter Database to U.S. Vendor
From EPIC:
"EPIC has obtained a message under the Freedom of Information Act from the American Embassy in Mexico to US government officials regarding the acquisition of Mexican's personal information by ChoicePoint. The message alerted the White House, the Department of Homeland Security and other agencies that Mexican newspapers and political leaders objected to the transfer of voting and driving records to ChoicePoint, and warned that "a potential firestorm may be brewing."
See also my previous posting on this issue from September 4, Database Vendor Eliminates Personal Data on Mexican Citizens
In New Twist on E-Gov, States Sell Goods on e-Bay
Cash-strapped states and localities nationwide are turning to eBay to sell everything from yachts to unclaimed goods in the possession of police departments, according to USA Today.
Global Information Technology Report
U.S. is No.1 in technology competitiveness
Global Information Technology Report: "Covering a total of 102 economies, the Networked Readiness Index of the new Global Information Technology Report 2003-2004 measures how prepared economies are to participate in, and benefit from, information and communication technology (ICT) developments."
Networked Readiness Index Rankings
Profiles of the Top Five Economies - USA, Singapore, Finland, Sweden and Denmark
How Country Profiles Work
Executive Summary
The Networked Readiness Index 2003-2004: Overview and Framework Analysis
Global Overview: A Progress Report
December 08, 2003
9-11 Commission Hearing on Privacy and Terrorism
The 9-11 Commission held a public hearing today on the topic Security and Liberty, that included witness testimony on "domestic intelligence collection, protecting privacy while preventing terrorism, and the use of immigration laws to prevent terrorism."
Prepared statement of EPIC Executive Director Marc Rotenberg. Links to additional testimony will be added as available.
US-VISIT Program Receives Bi-Partisan Scrutiny
On December Sen. Joseph Lieberman, Ranking Member of the Senate Committee on Governmental Affairs, sent a letter to Dept. of Homeland Security Secretary Tom Ridge, expressing concerns over the US-VISIT program and publication of required privacy assessment data. As noted on December 1, the Committee on Government Reform also documented concerns regarding the impact of data collection on foreign citizens visiting the U.S.
TRAC Terrorism Report Summary
From the Transactional Records Access Clearinghouse (TRAC) a Special News Advisory About Terrorism in the Two Years After 9/11: "Investigators seek prosecution of more than 6,400 but only five get twenty years or more in prison. Median or typical sentence for those classified as international terrorists is 14 days."
The full-text of the Special Report, relesed December 8, 2003: Criminal Terrorism Enforcement Since the 9/11/01 Attacks
USPTO Launches Trademark Assignments on the Web
Trademark Assignments on the Web System is Now Available on the United States Patent and Trademark Office Web Site:
"The United States Patent and Trademark Office is pleased to announce the availability of the Trademark Assignments on the Web System, effective December 3, 2003. The system is accessible from a number of pages, including the "All About Assignments" section of the Products and Services page, the Trademarks page, and directly at http://assignments.uspto.gov/assignments/."
Indictment Unsealed on Illegal Sale of Controlled Substances on Web
From a Justice Department press release:
"A federal grand jury in Alexandria (VA) has returned a 108-count indictment charging 10 individuals and three companies with illegally selling controlled substances and other prescription drugs over the Internet through various websites."
Indictment
Gov't Agencies Add Google to Search Intelligence Data
According to Government Computer News, two Google Seach Appliances have been purchased for use on the government's intranet for classified information sharing that spans numerous agencies, called Intelink.
Net Tax Moratorium to Expire by Year's End
The Tax Relief Extension Act of 2003 (H.R. 3521 and S. 1896) will expire on December 31, 2003.
'Net Tax Ban Renewal Hopes Fade for 2003
December 05, 2003
FOIA Request for "No Fly" Documents Leaves Many Questions Unanswered
In response to a FOIA request for documents on the Transportation Security Administration's (TSA) no-fly lists or "watch lists," the ACLU obtained 94 pages of documents from the FBI that are posted here. The documents are heavily redacted. The ACLU press release is here.
Review of Blogging Applications
From PC Magazine, a brief "how-to" overview of blogging features, tools and pricing, as well as ratings of the following applications: Blogger/Blog*Spot, LiveJournal, Radio UserLand, Tripod Blog Builder, TypePad, Weblogger, Xanga, Movable Type 2.64. The author awards TypePad, the hosted version of Movable Type, with the honor as best in its class.
Pivotal Debate Developing On Administration of the Net
The World Summit on the Information Society (WSIS), scheduled to begin in Geneva on December 10, is shaping up to be the backdrop for an escalating dispute focused on Internet governance.
Think Web's virtually government free? Think again
Governments and Country-Code Top Level Domains: A Global Survey
EU Demands Compliance on E-Privacy Directive
With the expiration of an October 31 deadline for implementing the Directive on Privacy and Electronic Communications, the European Commission indicated that legal action against nine member states may be necessary to ensure their compliance. The directive addresses e-privacy issues that include spam, the use of cookies, and the protection of customer data by ISPs.
December 04, 2003
Google Seeks Ruling on Trademarks and Keyword Searching
In anticipation of widely reported plans for a initial public offering (IPO) in early 2004, Google is seeking a ruling from District Court in San Jose, California to determine whether keyword searches associated with advertising sold by the site constitute trademark infringement. (Google, Inc. v. American Blind & Wallpaper Factory, Inc. (Complaint) , ND Ca)
From Computerworld, this statement on the case issued by Google on December 5: "Google filed this action because we were being threatened with an imminent lawsuit by American Blind and Wallpaper Factory. We seek to have the court confirm our view that this methodology properly respects trademark owners' rights while at the same time simplifying the ad targeting process for our advertisers. Such a decision will ultimately benefit the online advertising industry at large, as well as Google."
Additional commentary: Google Asks Judge to Lay Down Trademark Law
RIAA Issues New Round of Lawsuits for Music Downloads
The RIAA filed 41 new lawsuits in a continued effort to stem the tide of music file-sharing, and indicated that previous lawsuits have resulted in settlements that average $3,000.
House Cmte. Plans Library E-Rate Fraud Hearings
"The U.S. House Energy and Commerce Committee plans a February hearing to probe fraud allegations in the E-Rate program, the nation's $2.25 billion initiative to help schools and libraries connect to the Internet." [Link]
Previous postings on the e-rate program
President Signs Fair and Accurate Credit Transactions Act of 2003
President Bush Signs Identity Theft Legislation
From the Congressional Record, H.R. 2622
White House Fact Sheet on the Act, which provides that consumers may obtain each year, free of charge, a personal credit history report, that merchants must omit from sales receipts all but the last five digits of a customer's credit card number, and that procedures for government oversight and financial institution notification of ID theft and fraud be implemented.
Prospects for Spam Relief Remain Dim
From tech research firm Gartner: Spam Will Likely Worsen Despite U.S. Law.
See the CAN-SPAM Act
History of FOIA Includes Denial and Exemptions
From the November/December 2003 Bulletin of the Atomic Scientists: How agencies thwart the Freedom of Information Act, by Jeffrey T. Richelson, a senior fellow with the National Security Archive, Washington, D.C.
"Although the Freedom of Information Act has been a blessing to academics, journalists, and activists, it is seen as a curse by some in government who would prefer to operate without the scrutiny of prying outsiders, or would like to avoid the effort involved in complying with the law. In their attempts to escape and evade FOIA requirements, they have resorted to a variety of strategies, including unilaterally "rewriting" the law, improperly denying requests in their entirety, and inappropriately declaring that certain documents are automatically exempt."
December 03, 2003
Essay on Information Law
Information Quality and the Law, or, How to Catch a Difficult Horse:
"This essay seeks to provide, first, a brief overview over the genesis and content of the Federal Data Quality Act and the implementing OMB Guidelines. Second, against this background, the article examines this set of rules and regulations from the viewpoint of what—at least in the European context—is termed information law."
Google Adds Word Variations
From Google Help: "Google now uses stemming technology. Thus, when appropriate, it will search not only for your search terms, but also for words that are similar to some or all of those terms... Any variants of your terms that were searched for will be highlighted in the snippet of text accompanying each result." [Search Engine Showdown]
Supreme Court Hears Oral Arguments in Privacy Cases
Today the Supreme Court heard oral arguments in Buck Doe v. Elaine L. Chao, Secretary of Labor (No. 02-1377), involving the Privacy Act of 1974 and the wrongful disclosure of the social security number of a coal miner seeking benefits for black lung disease.
EPIC Files Amicus Brief in Supreme Court SS# Case
The Supreme Court Considers Whether a Privacy Act Plaintiff Can Recover $1000 Even Without Proof of Damages
How Much is Privacy Worth?
Supreme Court Hears Foster Photo Case
E-Voting Not Ready for Prime Time
Dr. Avi Rubin of the Johns Hopkins' Information Security Institute gave the keynote today, Electronic Voting: A case study of how closed systems fail, at the Secure Trusted Operating System Consortium Symposium underway at George Washington University. Dr. Rubin's research identified critical security flaws in e-voting machine manufacturer Diebold Inc.'s software. The company announced this past July that it was awarded a $55.6m contract by the state of Maryland for its touch screen voting technology and related support services.
According to Dr. Rubin, "In order for democracy to work, people need to have confidence in the election system." [Link]
See also Diebold Withdraws Lawsuit Over E-Voting Machine Documents and Why the Current Touch Screen Voting Fiasco Was Pretty Much Inevitable.
December 02, 2003
New Task Force Report Addresses Flaws in National Cybersecurity Infrastructure
From the press release: "The Markle Foundation Task Force on National Security in the Information Age today released its second report, concluding that the U.S. government has not yet taken advantage of America's technology expertise to fight the war on terrorism. In its report, the Task Force catalogs current gaps in the nation's system for analyzing and sharing intelligence. It details the elements of a proposed System-wide Homeland Analysis and Resource Exchange (SHARE) Network that would more effectively combat terrorism while protecting privacy and other civil liberties."
Creating A Trusted Information Network for Homeland Security - Overview
Part I - The Task Force Report
Part II - Working Group Analyses
Part III - Appendices
Download Entire Report (pfd, 168 pages)
Matrices of Laws Governing Governmental and Commercial Access to Privately Held Data
CRS Accessibility Act Introduced
On November 21, Rep. Christopher Shays (R-CT) introduced the Congressional Research Accessibility Act (H.R. 3630), To make available on the Internet, for purposes of access and retrieval by the public, certain information available through the Congressional Research Service Web site.
The press release from Rep. Shays states: "CRS products are created with taxpayers' dollars and the taxpayers should have access to the information. There is no logical reason why this information should be held under lock and key."
See my recent posting on limitations to public access to CRS reports here and my posting from February 13, Senate Resolution on CRS Reports.
New Washington, DC Portal Excels With Many New Features
The redesigned website for Washington, DC was recently honored by the Center for Digital Government as the Best of the Web city portal. The site has more than 120,000 pages, available in seven languages, in addition to English, and receives in excess of 100 million annual visits (yeh DC!). Content is arranged into the following sections: DC Guide, Living and Working in DC, Doing Business in DC, Visiting DC, and Government Services in DC. Drop-down menus offer access to online services, online forms, and searchable databases from DC government agencies and featured organizations.
DOJ and FBI Seek Regulation of VoIP Due to National Security
From today's LA Times (reg. req'd), FBI Seeks Wiretap Capabilities for Phone Calls Made Over the Internet. As I posted yesterday, FCC Commissioner Powell released a strong statement opposing regulation of Voice over Internet Protocol (VoIP). According to the Times article, DOJ officials maintain that such a position would "jeopardize the ability of federal, state and local governments to protect public safety and national security against domestic and foreign threats."
Information Rights and the Internet
The Internet and the right to communicate: "This paper examines the development of a right to communicate and how it can be defined and implemented."
December 01, 2003
FCC Forum on Internet Telephony
Today the Federal Communications held a public forum on Voice over Internet Protocol (VoIP). From the Opening Remarks of FCC Chairman Michael K. Powell:
"As one who believes unflinchingly in maintaining an Internet free from government regulation, I believe that IP-based services such as VOIP should evolve in a regulation-free zone."
Links to FCC Commissioners' statements, presentations by industry representatives and state government officials are available on this webpage.
Personal Data and Florida/NH E-Court Docs.
The Tampa Tribune reported on November 26 (the article is now in the archives $$) that the Florida Supreme Court appointed a committee, chaired by Jon Mills, to determine new procedures to address privacy issues related to the release of personal data in electronic court records.
From the Florida State Supreme Court Press Information webpage, these links to a November 25, 2003 Administrative Order (pdf) and a Press Release on the Supreme Court's policy to protect privacy in court records.
In related news, the Nashua (NH) Telegraph reported on November 30 that the State Supreme Court is also reviewing recommendations from a committee to limit the public availability of personal data from court records that includes addresses, telephone, bank account and social security numbers, as well as auto registration data.
Cmte. Documents Concerns Regarding Collection of Visitor Info
Press release from the House Government Reform Committee: "Chairman Tom Davis (R-VA) wrote last week to Secretary of State Colin Powell and Homeland Security Secretary Tom Ridge seeking assurances about the upcoming implementation of the US-VISIT program."
"As the January deadline for implementing the program at 115 airports and 14 seaports approaches, Davis sought information about coordination between the Department of State and Department of Homeland Security; potential adverse impacts on commerce and tourism; and the unprecedented task of collecting, storing and accurately accessing vast quantities of biometric records."
Diebold Withdraws Lawsuit Over E-Voting Machine Documents
From the EFF: Diebold Backs Down, Won't Sue on Publication of Electronic Voting Machine Flaws:
"Voting machine company Diebold Systems, Inc., agreed today in federal court not to sue or send any further legal threats to anyone who publishes their corporate email archive indicating flaws in Diebold's voting machines and irregularities with certifying the systems for actual elections. Diebold also agreed to send retractions of its earlier legal threats to the Internet Service Providers (ISPs) who received them."
See also my previous postings on this issue here and here.
IRS to Implement New E-Service for Tax Professionals
This article from today's New York Times indicates that the IRS plans to implement an Electronic Account Resolution program for tax professionals by spring 2004.
From the IRS website: "Electronic Account Resolution allows tax professionals to expedite closure on clients' account problems by electronically sending/receiving account related inquiries. Tax professionals may inquire about individual or business account problems, refunds, installment agreements, missing payments or notices. Tax professionals must have a power of attorney on file before accessing a clients' account. The IRS response will be delivered to an electronic secure mailbox within 72 hours."
Google Application Allows Viewing of Results Via Hands-Free Slide Show
Google Viewer:
"The Google Viewer displays the pages found as a result of your Google search as a continuous scrolling slide show. You can view your search results without using your keyboard or mouse and you can adjust the speed with which the images move across your screen. Each image of a page's contents is accompanied by a short "snippet" describing that page."