May 31, 2005
New on LLRX.com

  • Getting a Grip on the CSI Effect: The National Clearinghouse for Science, Technology and the Law at Stetson University College of Law. Diana Botluk and Brittan Mitchell detail how the NCSTL accomplishes its founders' vision to provide a one-stop-shopping website for judges, lawyers, scientists and law enforcement officials who seek information about the nexus between law, science, and technology.

  • LawPro Links Updated
  • Permanent Link       Topic(s): Legal Research
    Yahoo Beta Search Tool Sorts Results Into Commercial and Informational Groups

    Mindset: "A Yahoo! Research Labs demo that applies a new twist on search that uses machine learning technology to give you a choice: View Yahoo! Search results sorted according to whether they are more commercial or more informational (i.e., from academic, non-commercial, or research-oriented sources)."

  • FAQ about the demo


  • Related news:
  • New Search Stars - What's the trend in Web search? Newcomers and search giants cook up specialty services that get you information faster than ever.

  • Permanent Link       Topic(s): Search Engines
    Debate Continues Behind Closed Doors on PATRIOT Act Extension

  • The Proposal to Reauthorize and Expand Parts of the USA PATRIOT Act: Why It's Unnecessary and, In Some Respects, Dangerous, By Anita Ramastry.

  • Patriot Act Extension Debated at Closed Congressional Meeting

  • American Civil Liberties Union Testimony at an Oversight Hearing on the USA PATRIOT Act of 2001: Section 505 (National Security Letters) and Section 804 (Extraterritorial Criminal Jurisdiction) and the Material Witness Statute Before the Subcommittee on Crime, Terrorism and Homeland Security of the House Judiciary Committee, Submitted by Gregory T. Nojeim Acting Director, Washington Legislative Office and Timothy H. Edgar, National Security Policy Counsel

  • "The Electronic Privacy Information Center (EPIC) is writing today [May 23, 2005] to urge the Senate Select Committee on Intelligence to give careful consideration to whether provisions of the USA PATRIOT Act should be renewed as written. We also urge you to oppose the broadening of the FBI's investigative powers in the absence of evidence that such expansion is necessary." [Link]

  • Little Progress in Bid to Extend Patriot Act
  • Official Ballot for the Technolawyer @ Awards

    Never done this before, but...first time for everything (lyric by Roger Miller), please visit http://www.technolawyer.com/tlballot2005.htm and cast your ballot for beSpacific, and for LLRX too! Thanks.

    Permanent Link       Topic(s): Blogs
    NJ Panel Rules on Use of Law Firm Web Marketing

    Advertising Panel Lays Down Rules for Law Firm Ads on Web, by Charles Toutant, New Jersey Law Journal.

    Permanent Link       Topic(s): Internet, Marketing
    Identity of Watergate Confidential Source Revealed After 30 Years

    "In a Vanity Fair exclusive, W. Mark Felt, 91 years old and formerly second-in-command at the F.B.I., says that he is the confidential Watergate source who assisted Washington Post reporters Bob Woodward and Carl Bernstein—and helped bring down President Richard Nixon." [Text version, and in PDF]

  • And tonight from the Washington Post (reg. req'd), Washington Post Confirms Felt Was 'Deep Throat' - Woodward, Bernstein and Bradlee Reveal Former FBI Official as Secret Watergate Source

  • See also The Atlantic Monthly, May 1992 - Deep Throat: An Institutional Analysis [Jason Kottke]

  • Permanent Link       Topic(s): Government Documents
    Administration Challenges Decision on Access to ISP Subscriber Info

    On May 30, AP reported: The Bush Administration wants to compel ISPs to turn over information about subscribers as part of its fight against terrorism.

  • Related reference from September 29, 2004: Patriot Act Provision Struck Down by Federal Judge

  • Permanent Link       Topic(s): Courts, Patriot Act, Privacy
    Privacy Advocates Continue Warnings About REAL ID Act

    From today's LA Times (reg. req'd), Federal ID Act May Be Flawed - The new law could actually increase the risk of a person's identity being stolen, critics say.

  • Commentary on Ramifications of REAL ID Act

  • From the National Conference of State Legislatures, this table summarizes the act's driver's license title
  • Is Mainstream Embrace Around the Corner for RSS?

    What is the future for Web sites in a world of RSS? by Matt McAlister, VP & General Manager, Online, InfoWorld. [Micro Persuasion]

  • "We've all joined onto a platform, a common standard for pushing/pulling/sharing individual items. Those items might be news headlines, transaction data, persistent search queries, links to downloads, etc. And because we have a standard, we can universally identify what those things are and how to treat them...just like what HTTP and HTML once did for the World Wide Web."

  • Permanent Link       Topic(s): E-Commerce, RSS
    May 27, 2005
    GAO Reports on Legal Issues Associated with Use of RFID

    Information Security: Radio Frequency Identification Technology in the Federal Government GAO-05-551, May 27, 2005. Highlights:

  • "Of the 16 agencies that responded to the question on legal issues associated with RFID implementation in our survey, only one identified what it considered to be legal issues. These issues relate to protecting an individual's right to privacy and tracking sensitive documents and evidence. The use of tags and databases raises important security considerations related to the confidentiality, integrity, and availability of the data on the tags, in the databases, and in how this information is being protected. Key privacy concerns include tracking an individual's movements and profiling an individual's habits, among others. Tools and practices are available to address these considerations, including existing and proposed information security technologies and practices, and other practices required by law."

  • Permanent Link       Topic(s): E-Government, Privacy
    May 26, 2005
    FBI Enforcement Action Against Piracy by P2P File Sharing Network

    Press release, May 25, 2005: Acting Assistant Attorney General John C. Richter of the Criminal Division, Homeland Security Assistant Secretary for Immigration and Customs Enforcement Michael J. Garcia, and Assistant Director Louis M. Reigel of the FBI's Cyber Division today announced the first criminal enforcement action targeting individuals committing copyright infringement on peer-to-peer (P2P) networks using cutting edge file-sharing technology known as BitTorrent. This morning, agents of the FBI and U.S. Immigration and Customs Enforcement (ICE) executed 10 search warrants across the United States against leading members of a technologically sophisticated P2P network known as Elite Torrents. Employing technology known as BitTorrent, the Elite Torrents network attracted more than 133,000 members and, in the last four months, allegedly facilitated the illegal distribution of more than 17,800 titles-including movies and software-which were downloaded 2.1 million times."

    Permanent Link       Topic(s): Copyright
    New IBM Enterprise Software Enables Document Privacy and Enhances Collaboration

    IBM press release, May 24, 2005: "IBM today introduced first-of-its-kind software that allows organizations to anonymously share and compare information without revealing private or sensitive personal details, introducing a new era of open, collaborative data sharing in financial services, healthcare, retail and other industries. The breakthrough IBM technology, DB2 Anonymous Resolution, helps customers to rapidly and more securely share information with other organizations, while protecting - or "anonymizing" - the identity of individuals within their respective data repositories."

    Consumer Reports Advises On WiFi Security

    Consumer Reports WebWatch Investigations - Wireless Networks Offer Flexibility, Potential Snooping, offers a quick overview of security issue and makes recommendations on enabling safety solutions for home and on the road.

    Start Page For Google Print Launched

    The Google Print program now has its own homepage, Discover and browse printed material online. [Google Blogoscoped]

  • See also this May 23 posting, Publishers Express Continued Concerns With Google Print for Libraries Program.
  • UK Copyright Service Provides Online Registration

    "The UK Copyright Service provides copyright registration for original works by writers, musicians, artists, designers, software providers, authors, companies, organisations and individuals. Known as Copyright Witness internationally, and the UK Copyright Service in the UK, the service supports international copyright protection by securing independent evidence that will help prove originality and ownership in any future claims or disputes." [Webuser]

    Permanent Link       Topic(s): Copyright
    Commentary on the Scope, Impact and Business of Blogging

    WSJ free content today: Measuring the Impact of Blogs Requires More Than Counting

    Permanent Link       Topic(s): Blogs
    The First Online Congressional Hearing

    Press release, May 24, 2005: Miller, Schakowsky Launch Unprecedented E-Hearing on United Airlines Pension Plans - Online Hearing is Believed to Be First of Its Kind; Witnesses Invited to Provide Testimony Via Email

  • "Representatives George Miller (D-CA) and Jan Schakowsky (D-IL) launched an online hearing today – which they believed to be the first-ever e-hearing by the House of Representatives – into United Airlines' decision to dump $6.6 billion in pension plan liabilities onto the federal pension insurer, a move that will lead to deep benefit cuts for United Airlines’ current and future retirees. Witnesses are invited to submit testimony through this Friday, May 27, by visiting the hearing web site. Miller's office has solicited testimony from United retirees and employees, from United management, from the Pension Benefit Guaranty Corporation (the federal pension insurer), and from experts on retirement issues. Miller’s staff will write and distribute a report based on their testimony, and Miller will enter the testimony into the Congressional Record."

  • May 25, 2005
    One Woman's Crusade Against Privacy Breaches Via Online Public Records

    The Washington Post reports today (reg. req'd) on a maverick whose crusade against the proliferation of personal data, available free and for a fee, from government and corporate sources, motivates her to post links to public records that reveal information about a range of public officials.

    Permanent Link       Topic(s): Privacy
    Are Facts Lost Underfoot in the Rush to Blog on Scandals

    From the New York Times, Are Bloggers Setting the Agenda? It Depends on the Scandal. Refers to the Pew Internet and American Life Project report issued last week, "Buzz, Blogs and Beyond: The Internet and the National Discourse in the Fall of 2004."

    Permanent Link       Topic(s): Blogs
    LexisNexis Hackers Claim Fun Not Profit As Motive

    A Wired article reports that the anonymous youths suspected of having hacked LexisNexis claim to have acted on whim rather than with the objective to profit from the use of personal information they accessed.

    Permanent Link       Topic(s): Cybercrime
    Montana State Agencies Failed to Delete Sensitive Data From Discarded Hard Drives

    AP reported that an audit revealed Montana state agencies failed to scrub the hard drives of state computers containing personal data (including social security numbers, income tax reports and medical records) prior to donating, selling and otherwise transferring their ownership.

  • Related reference: Critical Importance of Cleaning Hard Drives When Replacing Your PC
  • May 24, 2005
    Privacy Group Chronicles Data Breaches Involving Theft of Personal Data

    From the Privacy Rights Clearinghouse, an update today to their report, A Chronology of Data Breaches Reported Since the ChoicePoint Incident

    Permanent Link       Topic(s): Cybercrime, ID Theft, Privacy
    More Than Half Million E-Mail Messages from Enron Scandal Mined by Research Groups

    Enron Offers an Unlikely Boost to E-Mail Surveillance

  • This article references the work of Dr. David B. Skillicorn and Dr. Kathleen M. Carley

  • Permanent Link       Topic(s): E-Government, E-Mail, Privacy
    US Gov't Part of Global Effort to Combat Spam Zombies

    FTC press release today: FTC, Partners Launch Campaign Against Spam "Zombies": "The Federal Trade Commission and 35 government partners from more than 20 countries have targeted the technology trick used by illegal spammers to tap into consumers' home computers and use them to send millions of pieces of illegal spam. Spammers use hidden software that allows them to hijack consumers' home computers and route spam through them. By routing their emails through "zombie" computers, the spammers are able to hide the true origin of the spam from consumers and make it more difficult for law enforcement to find them. Consumers often do not discover that they, themselves, have been sending spam."

  • 2005 Operation Spam Zombies
  • Letter to Internet Service Providers

  • GAO Addresses Challenges of Migration to Enhanced Internet Protocol

    Internet Protocol Version 6: Federal Agencies Need to Plan for Transition and Manage Security Risks, GAO-05-471, May 20, 2005. Highlights.

  • "The Internet protocol (IP) provides the addressing mechanism that defines how and where information such as text, voice, and video move across interconnected networks...IP version 6 (IPv6) was developed to increase the amount of available IP address space. It is gaining momentum globally from regions with limited address space...The key characteristics of IPv6 are designed to increase address space, promote flexibility and functionality, and enhance security.."

  • Related resource - National Institute of Standards Special Publication 800-58: Security Considerations for Voice Over IP Systems, January 2005 (99 pages, PDF)
  • Permanent Link       Topic(s): Government Documents
    Aerial Images Provided by Leading Search Engines All the Rage

    One of today's WSJ free features: Sky-High Search Wars - Microsoft, Google Vie to Offer Best Aerial Views of Earth

  • See also this press release: "Pictometry Selected by Microsoft to Provide Unique Aerial Images for MSN Virtual Earth
  • Permanent Link       Topic(s): Search Engines
    DC Metro Amends Privacy Policy for SmarTrip Data Collection

    Press release, May 19, 2005: Metro adopts privacy policy and makes other records easier to access: "A new privacy policy adopted by the Metro Board today protects the privacy of customers' personal information.
    The new policy was designed to protect the privacy of individuals by disclosure without prior written authorization from the person. It assures individuals access to their own information and an accounting of disclosures. It establishes rules regarding the collection and use of data such as that recorded by SmarTrip or credit card usage in the Metro system."

    Permanent Link       Topic(s): E-Government, Privacy
    House Passes Two Antispyware Bills - Again

    Antispyware legislation redux: HR 29 and HR 744 were passed yesterday with only one and four dissenting votes respectively.

  • House Approves Bono Bill to Lock Out Internet's Spying Eyes
  • Goodlatte Legislation to Combat Spyware Passes House

  • Coalition of Advocacy Organizations Opposes Granting FBI Administrative Subpoena Powers

  • FBI asks US Congress for new power to seize documents


  • Related reference:
  • From EFF DeepLinks, a copy of a letter [PDF] to the Chairman and Vice Chairman of the Senate Select Committee on Intelligence expressing the collective opposition by a range of civil liberties/civil rights organizations, "to granting to the FBI in national security investigations so-called "administrative subpoena" powers, which would allow the FBI to write its own search and disclosure orders with no judicial approval."

  • Permanent Link       Topic(s): Civil Liberties, Privacy
    May 23, 2005
    Commentary on RSS, Spam and Privacy

    Nick Bradbury's May 20 post, RSS, Spam and Spyware, raises significant questions about security and privacy issues arising from the push for RSS ubiquity. Scroll down and read the comments as well.

    Permanent Link       Topic(s): Privacy, RSS
    Testimony on the Individual Alternative Minimum Tax

    Statement of Douglas Holtz-Eakin, Director, Congressional Budget Office: The Individual Alternative Minimum Tax, before the Subcommittee on Taxation and IRS Oversight Committee on Finance, United States Senate, May 23, 2005 (15 pages, PDF):

  • "The number of taxpayers who are affected by the AMT and the revenues that are collected as a result of it have been growing over time...Under current law, however, the AMT is expected to extend its reach. In 2002, about 2 million taxpayers paid additional taxes as a result of the AMT; in 2010, roughly 30 million taxpayers are expected to owe more because of it. And those figures do not include the even greater number of filers who are required to calculate their taxes under both the AMT and the regular tax to determine whether they owe more under the alternative tax."


  • Related references:
  • A Reminder About the National Debt

  • Joint Committee on Taxation - Home Page

  • Publishers Express Continued Concerns With Google Print for Libraries Program

    From BusinessWeek.com, A Google Project Pains Publishers - The major presses are raising thorny legal issues with the search giant's initiative to digitize the books of the world's great libraries.

  • "In [this] letter, the Association of American University Presses' Peter Givler takes issue with Google's Print for Libraries program." [Link]
  • See also related postings on Google Print
  • Google Factory Tour Yields News/Views on Upcoming Services

    On May 19, there was a Google Factory Tour, for which there are accompanying screen shots and a webcast.
    Details of the information presented include this posting about Google Machine Translation Systems,
    A Guided Tour of Google's Personalized Home Page, and 'Google Earth' Ready to Travel the World.

    Permanent Link       Topic(s): Search Engines
    Draft Copy of Bill to Reauthorize Certain PATRIOT Act Provisions

    "On Thursday, May 26, the Senate Select Committee on Intelligence will consider in closed session a draft bill that would both renew and expand various USA PATRIOT Act powers. The Electronic Frontier Foundation (EFF) has obtained a copy of the draft bill, along with the committee's summary of it.." [Link]

  • Draft of new PATRIOT Act powers (31 pages, PDF)

  • Senate Select Committee summary (4 pages, PDF)
  • Suburban Chicago Public Library To Install Fingerprint Scanners on Public PCs

    As reported by the Chicago Tribune on May 20, 2005 (and cited in American Libraries Online, with another article in the Washington Post), this summer, the Naperville, Illinois public library will install biometric scanners on their 130 PCs with web access.

  • Related article from UPI today, on an analysis of biometrics published in the May 13, 2005 issue of Proceedings of the National Academy of Sciences, that determined the rate of false negatives for the Dept. of Homeland Security's US-VISIT biometric fingerscan technology is around 47%.
  • GAO Report Warns of Federal Systems Data Security Risks

    Information Security: Improving Oversight of Access to Federal Systems and Data by Contractors Can Reduce Risk GAO-05-362, April 22, 2005. Highlights.

  • "Contractors and users with privileged access to federal data and systems provide valuable services that contribute to the efficient functioning of the government, but a range of risks (including operational, strategic, and legal) must be managed effectively."
  • Permanent Link       Topic(s): Government Documents
    May 19, 2005
    SEC Issues New Sarbanes Oxley Compliance Guidelines

    Division of Corporation Finance, Office of the Chief Accountant, U.S. Securities and Exchange Commission, May 16, 2005 - Staff Statement on Management's Report on Internal Control Over Financial Reporting:

  • "The staff is providing this guidance to...addresses the following areas: The purpose of internal control over financial reporting; Reasonable assurance, risk-based approach, and scope of testing and assessment; Evaluating internal control deficiencies; Disclosures about material weaknesses; Information technology issues; Communications with auditors; and Issues related to small business and foreign private issuers."

  • Federal Investigation into LexisNexis Data Breach Ramps Up

    From today's Washington Post: Computers Seized in Data-Theft Probe - Federal Investigators Remove PCs, Discs From Several Locations; LexisNexis Break-In Linked to Paris Hilton Phone Hacking

  • Related beSpacific postings on this story are here and here.

  • See also this article from the May 17, 2005 New York Times, Personal Data for the Taking, detailing the methods, online and offline, used by JHU grad students to collect and aggregate a huge database of personal information as part of a course project for Prof. Aviel D. Rubin.
  • Permanent Link       Topic(s): Cybercrime, Privacy
    How Big is the Visible Web?

    The Indexable Web is more than 11.5 billion pages, a study by Antonio Gulli and Alessio Signorini. [Internet Search Engine Database]

    Permanent Link       Topic(s): Internet
    Joint Survey of Critical Infrastructure Sector Organizations Security Released

    The U.S. Secret Service and Carnegie Mellon University Software Engineering Institute's CERT® Coordination Center (CERT/CC) announced the findings of the latest Insider Threat Study: Computer Sabatoge in Critical Infrastructure Sectors (45 pages, PDF).

  • "The nation’s dependence on interconnected networks and communications systems significantly increases the risk of harm that could result from the activities of insiders. In addition, the actions of a single insider can cause extensive financial damage or irreparable damage to an organization's data, systems, business operations, or reputation. Examination of the prevalence of insider activity across critical infrastructure sectors, the motives of insiders, their methodologies, and identification of the behaviors and activities of insiders may help to prevent future insider incidents and improve cyber security. In particular, research on this issue may arm private industry, government, and law enforcement with strategies to assess potential threats to, and vulnerabilities in, data and critical systems."


  • Related resources:
  • The National Strategy to Secure Cyberspace (February 2003)

  • 2004 E-Crime Watch Survey: Illicit Cyber Activity in the Banking and Finance Sector (25 pages, PDF)
  • Permanent Link       Topic(s): Cybercrime
    Personalize Your Google Homepage

    Today Google Labs released Google's New Personalized Homepage. It currently allows you to choose from among a discrete range of sources (gmail; news from Google, New York Times, BBC, Wired, Slashdot; weather; driving instructions; maps) for display on your homepage. Features will be expanded to include feeds from more sites. (Note: you need a Google account to use this feature. More info in this SFgate.com article.)

    Permanent Link       Topic(s): Search Engines
    GAO Reports on Wireless Security Problems at Federal Agencies

    Information Security: Federal Agencies Need to Improve Controls over Wireless Networks GAO-05-383, May 17, 2005. Highlights.

  • "...federal agencies have not fully implemented key controls such as policies, practices, and tools that would enable them to operate wireless networks securely. Further, our tests of the security of wireless networks at six federal agencies revealed unauthorized wireless activity and "signal leakage"--wireless signals broadcasting beyond the perimeter of the building and thereby increasing the networks' susceptibility to attack. Without implementing key controls, agencies cannot adequately secure federal wireless networks and, as a result, their information may be at increased risk of unauthorized disclosure, modification, or destruction."

  • I Spy Act Approved By House Committee

    The Internet Spyware Prevention Act of 2005 (I-SPY) Prevention Act of 2005 was approved yesterday by the House Judiciary Committee.

    May 18, 2005
    Pew Internet Report on Use of Health Information Online

    From the Pew Internet and American Life Project, a new report released on May 17 - Health Information Online: Eight in ten internet users have looked for health information online, with increased interest in diet, fitness, drugs, health insurance, experimental treatments, and particular doctors and hospitals. [press release]

  • Health Information Online (22 pages, PDF)

  • Permanent Link       Topic(s): Internet
    Internet Use Continues to Expand Among Adults

    The Harris Poll® #40, May 12, 2005: Almost Three-Quarters of All U.S. Adults – An Estimated 163 million – Go Online

  • "The numbers of adults who are online at home, in the office, at school, library or other locations continue to grow albeit at a somewhat slower rate. In the past eight months the number of online users has reached an estimated 163 million, a four percent increase. In addition, broadband use continues to grow rapidly – over half (54%) of adults who go online use broadband at home."
  • Permanent Link       Topic(s): Internet
    Google Launches Free Enterprise Search Tool

    "Google Desktop Search for Enterprise helps you easily manage the ever-growing mountain of information located on your computers and includes key standards-based administrator features that provide enhanced security, centralized configuration and easy company-wide deployment. Perhaps best of all—it's free."

  • Related references from Internetnews.com and InfoWorld. See also this article, Which Is the Best Desktop Search Tool?
  • Website Offers Detailed Info on Crimes Reported in Chicago

    A non-profit, non-government affiliated project, this free, browsable database of crimes reported in Chicago (with source data from the Chicago Police Department's Citizen ICAM website), makes use of Google for map views, and RSS feeds "for every block and police beat in the city." Users may browse by crime type, street, date, police district, location and city map, or use the Search function (which uses "did you mean" functionality to check spelling). The site's data is refreshed daily, covers a rolling 90 day time period, and is the work of Adrian Holovaty and Wilson Miner.

    Permanent Link       Topic(s): Internet, Legal Research
    Survey Indicates Increased Use of Employee Monitoring Practices

    2005 Electronic Monitoring & Surveillance Survey: Many Companies Monitoring, Recording, Videotaping—and Firing—Employees

  • "From computer monitoring and telephone taping to video surveillance and GPS satellite tracking, employers are using policy and technology to manage productivity and protect resources. To motivate employee compliance, companies increasingly are putting teeth in technology policies. Fully 26% have fired workers for misusing the Internet. Another 25% have terminated employees for e-mail misuse. And 6% have fired employees for misusing office telephones."


  • Related reference:
  • From the WSJ free features: Monitoring of Workers Is Boss's Right but Why Not Include Top Brass?

  • Permanent Link       Topic(s): E-Mail, E-Records, Privacy
    CR Reviews Internet Filtering Software

    From the June 2005 issue of Consumer Reports, see this Internet Filtering Software Ratings, with rankings for 11 applications, including comparisons for price, fee, overall score, and variables for test results and features. [thanks Barbara]

    Permanent Link       Topic(s): Privacy
    May 17, 2005
    Range of Responses to NYTimes Online Fee Announcement

    Yesterday I posted a link to the New York Times announcement of a new fee-based service to access a selected range of current and archival content, effective September 2005. Bloggers, journalists, newspaper execs and financial analysts offer their responses: Business People Like 'NYT' Plan to Charge on Web; Bloggers Don't.

    New Cyberthreat Against WiFi Detailed in WSJ Article

    From today's WSJ free features, 'Evil Twins' and 'Pharming' - Hackers Use Two New Tricks To Steal Online Identities; Scams Are Harder to Detect.

    California Senate Approves Prohibition on RFID Tags

    Another follow-up, this time to my March 1, 2005 posting, California Bill to Prohibit State Issued IDs With RFID Tags. The aforementioned bill was approved by the California Senate on May 16. For details, see this EFF press release, Bill to Protect Californians' Privacy, Personal Safety, and Financial Security Advances in State Senate.

  • Related references: on Real ID Act and Berkeley Public Library's Use of RFID tags
  • Questions Persist About WMDs and Revelations of UK Gov't Docs.

    Follow-up to my May 9 posting, Justification for War Questioned by 88 Reps, today the Senate Democratic Policy Committee issued the following press release: New Intelligence Memo Raises Serious Questions About the Bush Administration's Case for War in Iraq.

  • Update: From the The Sunday Times - Britain, "This new web page is designed to give our readers access to all the stories we have written about three highly classified documents on the Iraq war that were leaked to the Sunday Times ahead of the British General Election on 5 May 2005."
  • Permanent Link       Topic(s): Government Documents
    Impact of Political Bloggers on 2004 Campaign Examined in New Research Project

    A new report from the Pew Internet & American Life Project, Buzz, Blogs and Beyond: The Internet and the National Discourse in the Fall of 2004 (32 pages, PDF), "PIP and BuzzMetrics examined the interplay of blogs, online citizen chatter in newsgroups, the mainstream news media and official political spin from the Democrat and Republican election camps. They also conducted a case study of the "Rathergate" scandal involving CBS News and unauthenticated memos about George W. Bush’s record in the National Guard." [Link]

    Permanent Link       Topic(s): Blogs
    Encyclopedia of the Supreme Court

    Encyclopedia Of The Supreme Court, by David Shultz. Publisher: Facts on File (May 31, 2005). For more details, see the press release.

    Permanent Link       Topic(s): Courts, Legal Research
    DC Metro SmarTrip System Collects Data on Riders

    EPIC FOIA Notes #5, May 16, 2005: "The SmarTrip farecard, which includes an embedded RFID chip, tracks each rider's metro travel and can be linked to address and credit card data. Most records held by state agencies are protected by law, but no similar protections exist for the SmarTrip system."

  • Metro SmarTrip homepage
  • Markup of Patriot Act Behind Closed Doors May 19

    From the ACLU press release: "The Senate Intelligence Committee announced today that it is rushing forward with a markup of Patriot Act reauthorization legislation Thursday, but that the session will be behind closed doors...Some of the most extreme parts of the Patriot Act are set to sunset, or expire, at the end of this year unless Congress reauthorizes them. When lawmakers passed the Patriot Act just 45 days after 9/11, they included these sunsets because they knew that some provisions shouldn’t be made permanent. The committee will be reviewing legislation involving the sunsets and other key parts of the Patriot Act that impact civil liberties."

    May 16, 2005
    Enhanced Version of MSN Search Toolbar Launched

    Microsoft press release: Searching just got smarter with launch of MSN Search Toolbar with Windows Desktop Search:

  • "The MSN® network of Internet services today launched the new MSN Search Toolbar with Windows® Desktop Search, a suite of tools that helps people rapidly search across the Web or their PC and provides easy access to world-leading MSN services. The final version of the MSN Search Toolbar includes free enhancements for Windows® 2000 and Windows XP customers, providing a dramatically upgraded desktop search experience. These new innovations for Windows customers will make it easier than ever to find and retrieve documents, e-mail, images, video and more on their Windows-based personal computers."
  • Permanent Link       Topic(s): Microsoft
    FDA Aggregates Drug Safety Info For Easier Consumer Access

    Index of Drug Specific Information: "FDA is in the process of updating its drug safety information and making it available to consumers in a new, user friendly format. Under the new format, clicking on a drug takes you to a "core page" with links to all information on that drug available on the FDA site. If you click on a drug whose information is not yet in the new format, you will reach a single information page on that product."

    Permanent Link       Topic(s): E-Government
    Ramifications of Real ID Act on DMV Agencies Across the Country Begins to Resonate

  • 'Real ID' Faces Reality: "The National Conference of State Legislatures estimates it could cost states as much as $750 million to implement measures required by the act, including some $80 million to create links among state databases."

  • From the Washington Post (reg. req'd), Anti-Terror Legislation Expected to Lengthen DMV Lines

  • Link to text of Real ID Act and CRS analysis of the bill
  • IBM Encourages Enterprise Blogging And Sets Guidelines for Authors

    From this posting by James Snell, a member of the IBM's Software Standards Strategy Group: "...IBM today is publishing an announcement on its Intranet site encouraging all 320,000+ employees world wide to consider engaging actively in the practice of "blogging"...So with IBMers blogging both inside and outside our Intranet environment, recognizing full well that it was time to formalize their support for what many of us had been doing for quite some time, the corporate communications and legal teams worked collaboratively with the IBM Blogging Community to draft the Corporate Blogging Guidelines copied below. The core principles -- written by IBM bloggers over a period of ten days using an internal wiki -- are designed to guide IBMers as they figure out what they're going to blog about so they don't end up like certain notable ex-employees of certain notable other companies."

    Dogpile.com Sponsored White Paper Documents Rate of Overlap in Big Three Engine Results

    Missing Pieces: A Study of First Page Web Search Engine Results Overlap

  • "A comprehensive study conducted by metasearch engine Dogpile.com in collaboration with researchers from The University of Pittsburgh and The Pennsylvania State University has found that page one results returned by leading single engines Google, Yahoo! and Ask Jeeves differ substantially from one another. The study offers compelling evidence that contradicts the widely held notion that search engines are more or less alike and that searching one engine is the same as searching them all. The findings underscore the importance of utilizing multiple Web search engines to find more top-ranked information for search queries, a task Dogpile.com makes fast and easy by simultaneously searching the most popular engines and bringing together the highest ranked results in one place."

  • FTC Seeks Comments on Provisions of CAN-SPAM Act

    Press release from FTC, May 12, 2005: Agency Seeks Comment on Definitions and Substantive Provisions Under the CAN-SPAM Act. The Federal Trade Commission published a Federal Register notice today seeking public comment on certain definitions and substantive provisions under the...CAN-SPAM Act.

  • CFR Part 316: Project No. R411008: Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act of 2003: Notice of Proposed Rulemaking and Request for Public Comment - Text of the Federal Register Notice [Register PDF Format]

  • New York Times Announces New Online Fee-Based Service

    Press release: "The New York Times announced today a new online offering called TimesSelect, which for a modest fee will provide exclusive access to Op-Ed and news columnists on NYTimes.com, easy and in-depth access to The Times's online archives [initially, the archives will go back only to 1980 but eventually to 1851], early access to select articles on the site, as well as other exciting features. While most of the news, features and multi-media on NYTimes.com will remain free and available to users, the work of Op-Ed columnists and some of the best known voices from the news side of The Times and The International Herald Tribune (IHT) will be available only to TimesSelect subscribers beginning in September. Home-delivery subscribers will automatically receive TimesSelect as part of their benefits. TimesSelect will be priced at $49.95 for an annual subscription."

    FirstGov Reference Center on Libraries

    The FirstGov.gov Reference Center Libraries. An alphabetical list of links to resources including: national, federal and local libraries, online library databases, email listservs, Government RSS Library, and lots more. Worth a look.

    May 15, 2005
    Auto Recal Update Website Launches

    Follow-up to my April 29, 2005 posting: New Justia Web Site Enables Consumers to Easily Track Auto Recalls:

  • "Justia, an innovative provider of legal marketing services and resources for law firms, today announced the launch of a comprehensive auto recalls center (http://auto-recalls.justia.com) with free RSS feeds of National Highway Traffic Safety Administration auto recalls for every make, model and year."

  • Permanent Link       Topic(s): RSS
    Current Law Journal Content Seeks Assistance to Expand Titles

    John Doyle, Washington and Lee Law School, announced that his Current Law Journal Content currently covers 800 journals. He is seeking to "include additional English language non-U.S. titles."

    Permanent Link       Topic(s): Legal Research
    New York Times Link Generator Needs Your Support

    The terrific folks who give us continuous, open access to New York Times articles through the New York Times Link Generator are in need of support following the failure of their server hard drive.

    Permanent Link       Topic(s): Internet, Legal Research
    UT Austin Library Goes Digital

    From the New York Times, this article reports that the UT Austin undergraduate library will be "empty... of books" by mid summer, having replaced them with "software suites."

    May 14, 2005
    Amendments to US Sentencing Guidelines Includes Amendment on ID Theft

    Federal Register, May 11, 2005: United States Sentencing Commission , NOTICES, Sentencing guidelines and policy statements for Federal courts, 24852–24856. SUMMARY: Pursuant to its authority under 28 U.S.C. 994(p), the Commission has promulgated amendments to the sentencing guidelines, policy statements, commentary, and statutory index. This notice sets forth the amendments and the reason for each amendment.

  • "Amendment: Chapter Two, Part B, Subpart 1 is amended by adding at the end the following new guideline and accompanying commentary: "Sec. 2B1.6. Aggravated Identity Theft..."18 U.S.C. 1028A 2B1.6''. Reason for Amendment: This amendment implements sections 2 and 5 of the Identity Theft Penalty Enhancement Act, Public Law 108-275, 118 Stat. 831 ("the Act''), which create two new criminal offenses at 18 U.S.C. 1028A and direct the Sentencing Commission to expand the upward adjustment at Sec. 3B1.3 (Abuse of Position of Trust/Special Skill)...The Act creates a new offense at 18 U.S.C. 1028A(a)(1) that prohibits the unauthorized transfer, use, or possession of a means of identification of another person during, or in relation to, specific enumerated felonies. These felonies consist of various types of fraud, including mail and wire fraud in connection with passports, visas and other immigration, nationality, and citizenship laws, programs under the Social Security Act, and the acquisition of firearms."
  • Commentary on Personal Data Aggregator, Privacy and Public Interest

    Can We Stop Zabasearch -- and Similar Personal Information Search Engines?: When Data Democratization Verges on Privacy Invasion, by Anita Ramasastry.

    Permanent Link       Topic(s): Privacy
    May 13, 2005
    The Restore Open Government Act of 2005

    Press release, May 12, 2005: Rep. Waxman Introduces Legislation to Restore Transparency and Open Government Laws:

  • "Today Rep. Henry A. Waxman introduced legislation to reverse the Bush Administration’s assault on open government by restoring laws promoting transparency. The Restore Open Government Act of 2005 (H.R. 2331) requires public disclosure of government information and presidential documents, promotes timely declassification of information, and prohibits secret advisory meetings between government officials and private parties."

  • Employer E-Mail Monitoring Ban Awaits Approval in New South Wales

    From Computerworld Today, "Australia's Workplace Surveillance Bill 2005, which will go through the country's parliament on Wednesday, makes it a criminal offense to read employee e-mails."

  • Workplace Surveillance Bill 2005 website
  • Permanent Link       Topic(s): E-Mail, Legislation, Privacy
    Customizing Enterprise Portals: Will Users Take the Time?

    Enterprise Information Portals: The Logical Next Step?

  • See also Making Knowledge Management Smarter
  • Permanent Link       Topic(s): Knowledge Management
    IT Experts Share Antispyware Tactics

    Anti-Spyware Tips And Tricks - "Get the straight dope from IT managers and security consultants about the best anti-spyware products, links to favorite anti-spyware information and software, how to tell if your system is infected, and what to do about it if it is."

  • See also Learn What Spyware Is, How To Stop It
  • Permanent Link       Topic(s): Cybercrime
    Microsoft Announces Comprehensive PC Security Subscription Service

    Press release: Microsoft to Deliver Automated, All-in-One PC Health Service for Consumers

  • Windows OneCare Live: Coming Soon to Beta: "Windows OneCare is built specifically for people who don't have the time or technical expertise necessary to secure and manage a computer on a daily basis. It is a comprehensive PC health service that goes beyond security to take an integrated approach to help protect and care for your computer."
  • Georgia Gov. Signs Wireless Phone Privacy Bill

    On May 10, Georgia Governor Sonny Perdue signed the Wireless Privacy Act

  • SB46...to provide that suppliers of wireless telephone service providing directory information shall not include wireless service dialing numbers without the express written consent of a subscriber...
  • Permanent Link       Topic(s): Legislation, Privacy
    Federal Judiciary Updates Map of Court Websites

    From the Federal Judiciary: Each Judicial Circuit, District Defined in Newly Posted Map - "A new map delineates each of the 12 regional judicial circuits and 94 judicial districts within them. Clicking on the map will lead you to the web sites of the federal courts in a particular circuit or district."

    Permanent Link       Topic(s): Courts, Legal Research
    May 12, 2005
    All Together Now - A Recommendation to Beat Spam

    This NewScientist.com article suggests that Teamwork will beat the spammers by using a social network to identify spam in a dynamic, collaborative effort.

  • Related reference: Let Your CyberAlter Ego Share Information and Manage Spam
  • Permanent Link       Topic(s): E-Mail, PC Security
    Security and the Plane Incident in DC Yesterday

    From Editor and Publisher, the text of the addendum to White House Press Secretary Scott McClellan's follow-up to questions during the May 11, 2005 press briefing about the plane incident: "The President's detail was informed when the decision was made to raise the threat level at the White House to yellow. A determination was made that the threat posed no danger to the President since he was at an off-site location, and protocols were in place to protect people in the area of the threat. Those protocols did not require any presidential authority. Given such circumstances and the fact that the plane turned away from the White House, the decision was made to inform the President upon conclusion of his bike ride."

  • Update: from the May 17, 2005 Washington Post, see this commentary on the Patuxent Research Refuge, site of the "bike ride."

  • Permanent Link       Topic(s): Government Documents
    Guide to U.S. Government RSS Library

    From FirstGov.gov, this U.S. Government RSS Library webpage aggregates links to a wide range of resources, including news releases, press briefings, transcripts, reports, advisories, statistics and technical documents, in one easy to use location, providing content on the following topical areas:

  • Agriculture RSS Feeds

  • Consumer RSS Feeds

  • Cyber Security RSS Feeds

  • Data and Statistics RSS Feeds

  • Education RSS Feeds

  • Federal Personnel RSS Feeds

  • Forest RSS Feeds

  • Health RSS Feeds

  • International Relations RSS Feeds

  • Military RSS Feeds

  • Science RSS Feeds
  • Gov't Produced Video News Releases Violate Law

    Video News Releases (VNRs): Unattributed Prepackaged News Stories Violate Publicity or Propaganda Prohibition - Statement of Susan A. Poling, Managing Associate General Counsel (GAO), to the Senate Committee on Commerce, Science and Transportation, GAO-05-643T, May 12, 2005 Highlights:

  • "In two legal opinions this past year, federal agencies commissioned and distributed prepackaged news stories and introductory scripts about their activities that were designed to be indistinguishable from news stories produced by private news broadcasters. In neither case did the agency include any statement or other indication in its news stories that disclosed to the television viewing audience, the target audience of the purported news stories, that the agency wrote and produced those news stories. In other words, television-viewing audiences did not know that stories they watched on television news programs about the government were, in fact, prepared by the government. GAO concluded that those prepackaged news stories violated the publicity or propaganda prohibition."


  • Related references:
  • Comptroller General Circular on Prepackaged News Stories, B-304272, February 17, 2005

  • Previous beSpacific postings on VNRs

  • Permanent Link       Topic(s): Government Documents
    May 11, 2005
    Updates to Recent White Paper on Blogging Anonymously

    EFF recently published a white paper on blogging anonymously, and today posted additional information in response to reader feedback, and encouraged an ongoing dialogue on the issue.

    Permanent Link       Topic(s): Blogs, Privacy
    UK PubMed Central Project Receives Funding

    From the UK Guardian Unlimited: "Some of Britain's leading medical research funders have banded together to finance the country's most comprehensive online repository of medical knowledge. The multimillion-pound UK PubMed Central project is a big boost to proponents of open access to scientific research. It will enable academic researchers to post papers published either online or in subscription-based scientific journals, on a single searchable database which anybody can access free."

    Related references:

  • Scientists from all major Dutch universities officially launched a website on Tuesday where all their research material can be accessed for free.

  • Funding the Way to Open Access


  • Significant Hurdles Stymie Rollout of Terror Watch List

    The Terror Watch List, under development for several years, has been plagued by set-backs; administrative, technical and political in nature. This BusinessWeek.com article reviews the origins of the system, the technology hurdles encountered during the course of its development, and the plans for its completion.

  • See also Airline screening program panned by House appropriators
  • Canadian Law Librarians Share Success Stories At Upcoming Conference

    Connie Crosby contacted me with news of availability of this article, Cool Things I am Doing in My Law Library, to be presented at the upcoming CALL/ACBD meeting. Kudos to all our terrific colleagues on their innovative work.

    Permanent Link       Topic(s): Legal Research, Libraries
    Hearing on Requirement for New Tamper Proof SSN Cards With Biometrics

    House Judiciary Committee, Immigration Subcommittee Hearing on Rep. Dreier's Legislation Establishing a Tamper-Proof Social Security Card: Legislative Hearing on H.R. 98, the "Illegal Immigration Enforcement and Social Security Protection Act of 2005"

  • News Advisory 5-11-05

  • Testimony of EPIC Executive Director Marc Rotenberg
  • Senate Commerce Committee Hearing on Spyware

    Senate Commerce Committee on Spyware, May 11 2005

  • Witness Statements: Sen. Ron Wyden; Trevor Hughes, Executive Director, Network Advertising Initiative; David Moll, Chief Executive Officer, Webroot Software, Inc.; Ari Schwartz, Associate Director, Center for Democracy and Technology.

    Related references:
  • Webroot State of Spyware Report: A report about the effects of spyware on enterprises and consumers

  • Adware Called Too Cozy With Spyware

  • "In testimony before the Senate Commerce Committee, CDT detailed the business arrangements behind the proliferation of stealth software installations and invasive applications online. CDT described how companies used a complex network of affiliate agreements to deflect accountability while raking in hundreds of thousands of dollars in ill-gotten gains. CDT also renewed its call for baseline online privacy legislation." [Link]

  • Urgency of Data Broker Regulation Spotlighted by NY Senator

    Press release from Sen. Charles Schumer: "DSW, ChoicePoint, Lexis-Nexis, Westlaw – Just the Recent Examples of Egregious Loopholes Which Are Compromising People's Personal Information."

  • Related references on ID theft
  • GAO Report Surveys Rise in FOIA Requests

    Information Management: Implementation of the Freedom of Information Act GAO-05-648T, May 11, 2005, Highlights.

  • "According to data reported by agencies in their annual FOIA reports, citizens have been requesting and receiving an ever-increasing amount of information from the federal government through FOIA. The number of requests that agencies received increased by 71 percent from 2002 to 2004. Further, agencies reported they have been processing more requests--68 percent more from 2002 to 2004. For 92 percent of requests processed in 2004, agencies reported that responsive records were provided in full to requesters. However, the number of pending requests carried over from year to year--known as the backlog--has also been increasing, rising 14 percent since 2002."


  • Related reference:
  • Congress Urged Not to Undermine FOIA

  • NARA Proposes to Eliminate Back-Up Versions of Clinton Docs.

    From the May 3, 2005 Federal Register: Presidential records; management and custody: Clinton Administration electronic backup tapes; proposed disposal:
    "NARA proposes the disposition of 9,193 backup tapes created during the Clinton Administration by White House Communications Agency (WHCA) staff because NARA has determined that they lack continuing administrative, historical, informational or evidentiary value. The tapes contain duplicate versions of classified electronic records for a small number of staff members in the Clinton Administration National Security Council, consisting primarily of electronic calendar data. NARA will continue to retain on other electronic media a full set of copies of the Presidential records on the backup tapes proposed for disposal."

    Related reference:

  • Clinton tapes face destruction: "A proposal to get rid of Clinton-era backup tapes has drawn fire from some historians, but federal officials say all the data will be preserved."

  • May 10, 2005
    Hearing Examines Issue of Criminalizing Material Support for Terrorism

    Subcommittee on Crime, Terrorism, and Homeland Security, Oversight Hearing on the "Implementation of the USA PATRIOT Act: Prohibition of Material Support Under Sections 805 of the USA PATRIOT Act and 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004."

  • Witness Statements: Glenn A. Fine, Inspector General, United States Department of Justice; Gregory Katsas, Deputy Assistant Attorney General, United States Department of Justice; Barry Sabin, Chief of the Counterterrorism Section for the Criminal Division, Department of Justice; Ahilan T. Arulanantham, Staff Attorney, American Civil Liberties Union
  • Document Disclosure Not Required by White House Energy Task Force

    From FindLaw, In Re Cheney, May 10, 2005: "A federal appeals court rules that the Sierra Club and Judicial Watch "failed to establish any duty...owed to them by the federal government" to disclose any documents which may have shown what, if any, communications the White House Energy Task Force had with energy industry lobbyists and business executives."

  • Link to legal documents archive on the case from FindLaw

  • Related resources from beSpacific

  • Press release from Judicial Watch, Appeals Court Permits Energy Task Force Records to Remain Secret

  • Press release from Sierra Club, Cheney/Energy: Public Remains in the Dark as Court Dismisses Case
  • Commentary on Ramifications of REAL ID Act

    REAL ID: "The United States is getting a national ID card. The REAL ID Act (text of the bill and the Congressional Research Services analysis of the bill) establishes uniform standards for state driver's licenses, effectively creating a national ID card. It's a bad idea, and is going to make us all less safe. It's also very expensive. And it's all happening without any serious debate in Congress."

  • See also Senator Slams New Driver's License Rules and 'Real ID' Under Fire

  • Sensenbrenner Advocates Watchdog for Judiciary

    Speech delivered by US House Judiciary Committee Chairman Sensenbrenner at Stanford University, May 9, 2005: The Relationship Between the Legislative and Judicial Branches (text of the speech, 6 pages, PDF)

    Hearing on Identity Theft/Data Broker Services

    Senate Commerce Committee Hearing on Identity Theft/Data Broker Services, Full Committee Hearing, May 10 2005

  • Testimony: Kurt Sanford, President & CEO, U.S. Corporate and Federal Government Markets, LexisNexis; Douglas C. Curling, President and Chief Operating Officer, ChoicePoint, Inc.; Jennifer Barrett, Chief Privacy Officer, Acxiom Corporation; Paul Kurtz, Executive Director, Cyber Security Industry Alliance; Marc Rotenberg, President and Executive Director, Electronic Privacy Information Center; Mari Frank, Mari Frank, Esq. & Associates

  • Permanent Link       Topic(s): Congress, Cybercrime, ID Theft
    Continued Oversight of the USA PATRIOT Act

    Continued Oversight of the USA PATRIOT Act, Senate Judiciary Committee, May 10, 2005

  • Testimony: Bob Barr, David Cole, Danile P. Collins, James X. Dempsey, Andrew C. McCarthy, Suzanne E. Spaulding

  • Member Statements: Patrick Leahy - "Legitimate concerns have been raised about various powers granted by the PATRIOT Act, not so much for how they have been used, but for how they could be used, and for cloak of secrecy under which they operate. Since September 11th, Americans have been asked to accept restrictions on their liberties; they deserve to know what they are getting in return. Until then, this Senator will not ask the American people to give up anything more."
  • May 09, 2005
    Justification for War Questioned by 88 Reps

    This May 1, 2005 UK Times article, Blair hit by new leak of secret war plan, is referenced in this May 5, 2005 letter of inquiry (8 pages, PDF) to President Bush, signed by 88 U.S. Representatives. The letter asks five specific questions in an effort to seek verification that the "United States and Great Britain had secretly agreed to attack Iraq in the summer of 2002, well before the invasion and before [you] even sought Congressional authority to engage in military action."

    Related references: