July 30, 2005
OCLC Launches Beta Browser for Dewey Collection

"The OCLC Research DeweyBrowser prototype allows users to search and browse collections of library resources organized by the Dewey Decimal Classification (DDC)."

Permanent Link       Topic(s): Libraries
July 29, 2005
Presentations and Bibliography on Law Firms and Outsourcing

PowerPoint presentations prepared by Lee Nemchek, Larry Eiring, and Ganesh Natarajan, and a 3-page outsourcing bibliography (in Word), from the PLL-sponsored program entitled "Outsourcing: Odious or Out-of-the-Box [Link to all these materials].

House Judiciary Cmte. Report on Patriot Act

From the U.S. House of Representatives, Committee on the Judiciary, Subcommittee on Courts, the Internet, and Intellectual Property

  • July 18, 2005 - H. Rept. 109-174, part 1 to Accompany H.R. 3199, USA PATRIOT Act and Terrorism Prevention Act of 2005 (510 pages, PDF)

  • See also this committee bibliography of links on the USA Patriot Act.
  • Recommendations for E-Fax Applications

    The topic of e-fax continues to be of interest according to legal listserv postings, so this new PC Magazine article, Internet Faxing Reaches the Mainstream, may be of assistance to those who have yet to settle on a specific application.

    Permanent Link       Topic(s): E-Records
    Senate Cmte. Hearing on Copyright Protection and Technology Innovation

    The Senate Commerce, Science and Transportation Committee held a hearing July 28, on Issues Related to MGM v. Grokster.

  • Link to witness statements.

  • Related links to Grokster case

  • Permanent Link       Topic(s): Congress, Copyright, Courts
    Patient Safety and Quality Improvement Act of 2005 Signed By President

    White House press release: President Signs Patient Safety and Quality Improvement Act of 2005

  • S.544: A bill to amend title IX of the Public Health Service Act to provide for the improvement of patient safety and to reduce the incidence of events that adversely effect patient safety. Became Public Law No: 109-41.


  • Related references:
  • To Err is Human: Building A Safer Health System, Linda T. Kohn, Janet M. Corrigan, and Molla S. Donaldson, Editors; Committee on Quality of Health Care in America, Institute of Medicine, 1999.

  • CRS Report, updated March 24, 2005: Health Care Quality: Improving Patient Safety by Promoting Medical Errors Reporting (34 pages, PDF).

  • EPIC Medical Privacy Information Center

  • Efficiency in the Health Care Industries, A View From the Outside, by Andrew S. Grove, PhD, JAMA. 2005;294:490-492. [Extract]

  • Permanent Link       Topic(s): Congress, Legislation, Privacy
    Commentary on the E-Commerce Market for Used Books

    Reading Between the Lines of Used Book Sales.

    Related references from the article:

  • Ghose, Anindya, Smith, Michael D. and Telang, Rahul, Internet Exchanges for Used Books: An Empirical Analysis of Welfare Implications and Policy Issues (August 25, 2004).
  • Goolsbee, Austan, and Chevalier, Judy, Are Durable Goods Consumers Forward Looking? Evidence from College Textbooks, (42 pages, PDF), 2004

  • Permanent Link       Topic(s): E-Commerce, Legislation
    WSJ Examines Media's Contrasting Response to Plame Grand Jury Probe

    See today's Wall Street Journal free feature, How Media Split Under Pressure In the Leak Probe.

    Permanent Link       Topic(s): Government Documents
    GAO Report on Financial Markets' Electronic Security Initiatives

    Financial Market Organizations Have Taken Steps to Protect against Electronic Attacks, but Could Take Additional Actions, GAO-05-679R, June 29, 2005.

  • "We found that all seven of the selected financial market organizations are taking steps to prevent their operations from being disrupted by electronic attacks. Each of the organizations had implemented the five major elements of a sound information security program. However, we identified actions that each organization could take to further improve their protections against attacks or unauthorized access."
  • July 28, 2005
    Insights into the Development of Google's PageRank

    Excerpt from John Battelle's forthcoming book, The Search: How Google and Its Rivals Rewrote the Rules of Business and Transformed Our Culture.

    Permanent Link       Topic(s): Search Engines
    CRS Annotated Constitution

    "This edition is a hypertext interpretation of the CRS text. It links to Supreme Court opinions, the U.S. Code, and the Code of Federal Regulations, as well as enhancing navigation through linked footnotes and tables of contents." [Link]

    Permanent Link       Topic(s): Legal Research
    E-Gov Site Targeted to Small Business IP Protection

    Press release: "The Department of Commerce's United States Patent and Trademark Office (USPTO) has launched a Web site dedicated to small businesses and protecting their intellectual property (IP), both in the U.S. and abroad. Specifically designed to answer common questions of small businesses so they can better identify and address their protection needs, the new online resources are part of a nationwide awareness campaign to help educate small businesses on IP protection." [d.c.]

    New Collaborative Blog on Canadian Legal Research

    "Slaw is a co-operative weblog about Canadian legal research and the impact of technology on it. Our audience includes practicing lawyers, legal librarians, legal academics and students — anyone, in short, who uses IT in researching the law. The aim is to share information, offer advice and instruction, and occasionally provoke." [Connie Crosby]

    Public Libraries Offer Free Online Resources Not Available From Web Engines

    A new article from the 8/15/05 issue of Forbes, Google Isn't Everything, serves as a useful reminder that public libraries throughout the country offer users access to a vast range of online subscription services, absolutely free. While Yahoo is beta testing a service that permits users to locate news, articles and other resources from selected subscription services (viewing the full text requires a fee), your local public library has been providing more comprehensive online access to you for free, for years. In addition, staying current with your college or grad school alumni fees may also reward you with a treasure trove of online access to subscription services that can include Factiva, LexisNexis Academic, CQ Weekly, and HeinOnline as just a few examples. Well worth some research to find out what you are missing.

    Hearing Focuses on ID Theft Scams Targeted At Older Americans

    The U.S. Senate Special Committee on Aging held a hearing on July 27, Old Scams – New Victims: Breaking The Cycle of Victimization.

  • Link to member statements and witness testimony


  • Related references:
  • FTC Testimony: Identifying and Fighting Consumer Fraud Against Older Americans

  • Fraud and Identity Theft Complaints Received by the Federal Trade Commission From Consumers Age 50 and Over: A Commission Staff Report to the Special Committee On Aging, United States Senate (283 pages, PDF)
  • Obstacles to Use of Orphan Works

    Whose Work Is It, Anyway? - "The use of 'orphan works' of art and literature, whose creators cannot be identified, puts scholars and artists at odds over changes in copyright law."

    Related references:

  • Tobe Liebert's article, The Problem of Orphan Works, published on LLRX.com, May 15, 2005.

  • Solum, Lawrence B., The Future of Copyright, Texas Law Review, Vol. 83, p. 1137, Last Revised: July 21, 2005.

  • July 27, 2005
    Microsoft Publishes New Anti-phishing White Paper

    "The focus of this white paper is to describe the basic workings of a new capability, the Microsoft® Phishing Filter, that will be included in the upcoming release of Internet Explorer 7. The Microsoft Phishing Filter will not only help provide consumers with a dynamic system of warning and protection against potential phishing attacks, but — more important — it will also benefit legitimate ISPs and Web commerce site developers that want to try to ensure that their brands are not being 'spoofed' to propagate scams and that their legitimate outreach to customers is not confusing or misinterpreted by filtering software." [the document is in Word, and available at this Link]

    Commentary on the Genesis and Evolution of the Web

    We Are the Web - "The Netscape IPO wasn't really about dot-commerce. At its heart was a new cultural force based on mass collaboration. Blogs, Wikipedia, open source, peer-to-peer - behold the power of the people...In fewer than 4,000 days, we have encoded half a trillion versions of our collective story and put them in front of 1 billion people, or one-sixth of the world's population. That remarkable achievement was not in anyone's 10-year plan..." by Kevin Kelly.

    Permanent Link       Topic(s): Internet
    New on LLRX.com

    Law Library Marketing Resources, by Cindy Carlson.

    Web Archives Provide Sources for Discovery

    Today's Wall Street Journal featured a front page article ($), Lawyers' Delight: Old Web Material Doesn't Disappear - Wayback Machine and Google Archive Billions of Pages, Including Deleted Ones, which is worth review. It focuses on how old web pages available from the Internet Archive and cached pages from Google can be of particular value in cases involving domain name disputes.

  • Related reference: Internet Archive Sued in Case Involving DMCA and Computer Fraud and Abuse Act

  • Forbes Best of The Web Directory

    Forbes Best of The Web Directory includes recommendations on more than 3,000 websites and blogs, on topics that include investing, health, e-commerce, management, travel and careers.

    Permanent Link       Topic(s): Blogs, E-Commerce, Internet
    New EU Draft Directive on Data Retention

    The EDRI-gram newsletter reported on the release of the new EU Commission explanatory memorandum on data retention, July 20, 2005 (16 pages, PDF).

  • "The European Commission has finally produced its draft directive on data retention. According to the Commission, all fixed and mobile telephony traffic and location data from all private and legal persons should bestored for 1 year. Data about communications 'using solely the internet protocol' should be stored for 6 months."

  • July 26, 2005
    Key Provisions of House and Senate Patriot Act Reauthorizations Compared

    Center for Democracy and Technology Analysis of Senate and House PATRIOT Act Reauthorization Bills, July 26, 2005 (6 pages, PDF)

    Calls for White House and DOJ to Explain Events in Plame Leak

  • Press release: "Today U.S. Senator Chuck Schumer sent a letter to White House Chief of Staff Andrew Card asking for an explanation of the so called '12 hour gap' between the time then White House Counsel Alberto Gonzales told Card that White House staff were instructed to preserve all documentary evidence that may relate to the Plame leak investigation and the time that Gonzales gave the rest of the White House staff the same directive."

  • Text of July 25, 2005 Letter from Rep. Conyers to the President Seeking Assurance on Non-Use of Presidential Pardon in CIA Leak Investigation

  • House Judiciary Committee Democrats Request DOJ Inspector General Investigation: "Finally, on September 29, 2003-sixty-seven days after the initial concerns were expressed by CIA employees-the DOJ responded and advised the CIA that the Counterespionage Division had requested that the FBI initiate an investigation of this matter."

  • See also this Washington Post article (reg. req'd), Prosecutor In CIA Leak Case Casting A Wide Net - White House Effort To Discredit Critic Examined in Detail

  • Customer Privacy Continues to be Compromised by Travel Industry

    July 25, 2005: The Customer Respect Group Announces Third Quarter 2005 Results of Online Customer Respect Study of Largest Airline, Travel Firms: "Competitive Pressures Seen Driving Overall Improvements; But 38 Percent of Firms Continue to Share Personal Data."

    Permanent Link       Topic(s): E-Commerce, E-Mail, Privacy
    Searching Podcasts

    "What is Podscope? Podscope is the first search engine that actually allows you to search for spoken words within any audio or video file. We're starting with podcasts and will be adding all types of multimedia in coming months."

  • Press release: Podscope Search Engine to Index Entire Spoken Podcast Universe; First Spoken Word Index Search Engine Will Cover All Non-Music Audio and Video Podcasts by August 31, 2005
  • House Intelligence Cmte. Chair Decries Leaks

    Secrets and Leaks: The Costs and Consequences for National Security, remarks of Rep. Pete Hoekstra at the Heritage Foundation, July 25.

    Related references:

  • from July 25, 2005: Bipartisan Calls for Hearings on Plame Identity Leak

  • OMB Memoranda, M-05-17, Allocation of Responsibilities For Security Clearances Under the Executive Order, Strengthening Processes Relating to Determining Eligibility for Access to Classified National Security Information (June 30, 2005)

  • 10th Annual Survey of Computer Security Practitioners

    From the Univ. of Maryland Center for Public Policy and Private Enterprise, The CSI/FBI Computer Crime and Security Survey, by Lawrence A. Gordon, Martin P. Loeb, William Lucyshyn and Robert Richardson, 2005 (26 pages, PDF).

    July 25, 2005
    Government Reports on Supreme Court Appointment Process

  • Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate, updated July 6, 2005 (53 pages, PDF).

    Related documents:
  • The Supreme Court of the United States: Highest Court in the Land, An Electronic Journal of the U.S. Department of State, April 2005

  • CRS Report, Supreme Court Nominations Not Confirmed, 1789-2004, March 21, 2005.

  • Public Library of Science Launches New Open Access Journal on Genetics

    "PLoS Genetics [is] a new open-access journal from the Public Library of Science (PLoS). Led by an internationally recognized editorial board with broad knowledge and expertise, PLoS Genetics is a journal that celebrates the research of the greater genetics and genomics community...PLoS Genetics is unique—publishing outstanding articles that reflect the full breadth and interdisciplinary nature of this research, all free to read and to use in your own research and teaching." [Link]

    Permanent Link       Topic(s): Internet, Legal Research
    Data Mining Provision Part of Proposed Patriot Act Extension

    The New York Times reported that the House version of the Patriot Act reauthorization would require the DOJ to report to Congress on data mining activities.

    Survey Finds Organizations Still Seeking IT Tools to Leverage Enterprisewide Know-How

    "Current IT systems deliver too much data and not enough insight, according to a new survey of global executives by the Economist Intelligence Unit." [Link]

  • Know how - Managing knowledge for competitive advantage (22 pages, PDF)
  • : "There is no shortage of IT tools designed to address the requirement for corporate knowledge. But executives in our survey complain that although their systems are brimming with data, accessing the information they need to make good decisions can be hugely difficult. Technology often hinders rather than helps by providing solutions that are either too difficult to use or that fail to deliver the information managers need most. Departmental silos that prevent, for example, information in sales from flowing through to product development also emerge in this research as an all too familiar problem. These issues are forcing firms to look for new knowledge management strategies, supported by smarter IT solutions, as a way of harnessing information for competitive advantage."

    Permanent Link       Topic(s): Knowledge Management
    Microsoft Security Guide for Small Business

    Security Guide for Small Business - "This guide helps explain why security is important to your business and outlines steps to better security."

    Permanent Link       Topic(s): Microsoft, PC Security
    FDIC Guidance on Mitigating Risks From Spyware

    Spyware - Guidance on Mitigating Risks From Spyware FIL-66-2005, July 22, 2005

  • "Summary: The FDIC is issuing the attached guidance to financial institutions recommending an effective spyware prevention and detection program based on an institution's risk profile. This guidance and the attached informational supplement discuss the risks associated with spyware from both a bank and consumer perspective and provide recommendations to mitigate these risks."

  • Permanent Link       Topic(s): E-Mail, PC Security, Privacy
    July 24, 2005
    Guide to RSS and Libraries

    What is RSS and Why Should I Care?, presented by Marianne Lenox, Staff Training and Development Coordinator, Huntsville Madison County Public Library, July 2005. [Peter Scott]

    Permanent Link       Topic(s): Libraries, Marketing, RSS
    Library Provision of Patriot Act May Remain Open to Clarification

    CNN reports tonight: "Attorney General Alberto Gonzales said...the door is open for "some amendments, some clarifications" in the Patriot Act, citing as an example the so-called "library provision."

    July 23, 2005
    Launch of Online National Sex Offender Public Registry

    The National Sex Offender Public Registry includes data from 21 states and the District of Columbia.

    Permanent Link       Topic(s): E-Government
    July 22, 2005
    House Hears Testimony From Former Intelligence Officials on Disclosure of Plame Identity

    Friday, July 22, 2005 - "At a hearing co-chaired by Rep. Waxman and Senator Byron Dorgan, several former intelligence officials testify about the damage to national security caused by the White House outing of covert CIA official Valerie Plame Wilson."

  • "This investigation is a result of the CIA asking the Justice Department to conduct a criminal investigation. Why would the CIA have done that?...Protecting the identity of covert agents representing this country in the gathering of intelligence is critically important. In fact, the identifying of a covert agent can be a very serious breach of national security. The identifying of a covert agent who's collecting intelligence for this country can also put lives at risk and lives in danger."

  • Fact Sheet: Administration Security Breaches Involving Valerie Plame Wilson

  • Links to opening statements, witness biographies and respective statements, as well as hearing transcript (all in PDF)
  • TSA Violated Air Passenger Privacy With Data Collection

    Aviation Security: Transportation Security Administration Did Not Fully Disclose Uses of Personal Information During Secure Flight Program Testing in Initial Privacy Notes, but Has Recently Taken Steps to More Fully Inform the Public, GAO-05-864R, July 22, 2005.

  • See also related postings on the TSA Secure Flight program
  • White House Creates New Position to Combat IP Theft

    White House press release, July 22, 2005: "The President intends to appoint Christian Israel, of Virginia, to be Coordinator for International Intellectual Property Enforcement at the Department of Commerce."

  • Additional background available from AP
  • Privacy Rights Organization Tracks ID Theft and Data Breaches

    On July 20, the Privacy Rights Clearinghouse updated their Chronology of Data Breaches Reported Since the ChoicePoint Incident, which have impacted more than 50 million individuals.

    Permanent Link       Topic(s): Cybercrime, ID Theft, Privacy
    Institute for Global Security, Law and Policy's Website

    "Case Western Reserve University School of Law is proud to announce the launch of the Institute for Global Security, Law and Policy’s website. The site features a blog providing analysis of critical global security issues as well as links to legal and policy commentary, other blogs, and news summaries across the Internet...The site reflects Case School of Law's commitment that the recently created Institute become the leading resource and research center for issues of global security."

    Report on State Tort Reform Legislation

    Press release, July 21, 2005: "A new report released today by the American Tort Reform Association (ATRA) chronicles a trend of state enactment of meaningful, comprehensive civil justice reform legislation. During the past two years, Georgia, Mississippi, Missouri, Ohio and South Carolina have continued the momentum that began in 2003 with significant civil justice reform successes in Texas."

  • ATRA Tort Reform Record (58 pages, PDF)
  • WomensHealth.gov

    "Today, the National Women’s Health Information Center (NWHIC) is proud to announce our newly updated home page and web site address (www.WomensHealth.gov). As women's health continues to gain more visibility, we recognized the need to redesign our home page to make it easier and faster for you to navigate—so you can find the health information you’re looking for."

    Permanent Link       Topic(s): E-Government
    July 21, 2005
    Accenture Survey Finds Growing Support for Electronic Health Records

    Press release: "A majority of U.S. consumers believe that electronic medical records can provide valuable benefits, especially during medical emergencies, and can improve overall medical care, according to the results of a survey released today by Accenture."

    Permanent Link       Topic(s): E-Records, Privacy
    Public Awareness of New Technologies and Terminology Lagging

    Public Awareness of Internet Terms, 7/20/2005: "The average American internet user is not sure what podcasting is, what an RSS feed does, or what the term phishing means." The data memo is 7 pages, PDF.

    Permanent Link       Topic(s): Blogs, Internet, RSS
    Coping With Information Overload and Remaining Productive

    Driven to distraction by technology: "The typical office worker is interrupted every three minutes by a phone call, e-mail, instant message or other distraction. The problem is that it takes about eight uninterrupted minutes for our brains to get into a really creative state."

  • See also RSS Goes Corporate - Information overload also affects companies, and they're more likely to pay for a cure.
  • Permanent Link       Topic(s): Blogs, Internet, RSS
    Proposal on Telecommunications Regulation in the Digital Age

    Press release from the Progress & Freedom Foundation: "Internet Challenges Regulatory Jurisdictions - Second DACA Working Group Addresses Federal-State Framework. The awkwardly constructed Telecom Act of 1996 has led to unnecessary tension among federal, state and local regulators, but the digital revolution has paved the way for a new framework. So concludes the Federal-State Framework Working Group of The Progress & Freedom Foundation's Digital Age Communications Act (DACA). In a working draft paper and model legislation released today (26 pages, PDF), the Working Group proposes a new charter for federal, state and local cooperation that seeks to maximize the expertise and advantages of each regulatory level while recognizing the inherent interstate, and international, nature of the Internet. The paper is being released for public feedback, and will be presented next week at the National Association of Regulatory Utilities Commissioners (NARUC) summer meeting."

    New Pew Internet Survey Tracks Public Opinion on Rove, Bush, Terrorism, and Supreme Court

    Republicans Uncertain on Rove Resignation Plurality -- Favors Centrist Court Nominee, Released: July 19, 2005.

    Senate Hearing on Reporter Shield Law

    Hearing before the Senate Judiciary Committee on Reporters' Privilege Legislation: Issues and Implications, Wednesday, July 20, 2005 [Free Flow of Information Act of 2005, S. 1419. See also the House companion bill, H.R. 3323.]

  • Link to testimony and member statements.
  • Time for a Federal Shield Law, New York Times
  • Census Bureau Releases Report on Poverty in U.S.

    From the U.S. Census Bureau, Housing and Household Economic Statistics Division, the newly released report, Areas with Concentrated Poverty: 1999 - Census 2000 Special Reports (11 pages, PDF)

    Permanent Link       Topic(s): Government Documents
    EEOC Legal Brief Bank Index Posted on Website

    As posted by by Michael Ravnitzky on The MemoryHole, Equal Employment Opportunity Commission's Brief Bank Index - Never-before-published guide to aspects of employment discrimination law.

  • "The brief bank index, developed with public tax dollars, provides an overview of the complex issues arising when employees and companies become involved in possible discriminatory behavior, and the damages caused by employment discrimination. It also outlines areas that may not be protected under federal employment law. The index contains a list of subject areas as well as the designation numbers of legal documents and briefs covering that subject. Overall, the document demonstrates the wide scope of valuable work being done at the Commission."
  • Cost Benefit Analysis of Consumer ID Theft Notification

    Press release from the Progress & Freedom Foundation: "Notification Doesn't Benefit Consumers: State and Federal lawmakers should proceed with caution when considering notification legislation addressing the perceived growth of data security breaches, according to a new paper released by The Progress & Freedom Foundation. An Economic Analysis of Notification Requirements for Data Security Breaches (19 pages, PDF), authored by Senior Fellow and VP for Research Thomas Lenard and Adjunct Fellow Paul Rubin, finds the costs of such notifications to businesses and consumers are likely to be substantially higher than the benefits."

    Related references:

  • Break-in costs ChoicePoint millions

  • Press release from ChoicePoint, July 20, 2005: "In the second quarter of 2005, the Company recorded a pre-tax charge of $6.0 million...for specific legal expenses and other professional fees related to the fraudulent data access previously disclosed in our prior public filings."

  • July 20, 2005
    State Dept. Memo Identifies Info on Plame as Secret

    From the Washington Post (reg. req'd) Plame's Identity Marked As Secret - Memo Central to Probe Of Leak Was Written By State Dept. Analyst: "A classified State Department memorandum central to a federal leak investigation contained information about CIA officer Valerie Plame in a paragraph marked "(S)" for secret, a clear indication that any Bush administration official who read it should have been aware the information was classified, according to current and former government officials."

    Permanent Link       Topic(s): Government Documents
    Intelligence Sharing Essential for Preventing Terrorist Attacks

    Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment: A Progress Report on Information Sharing for Homeland Security

  • "Christopher Cox (R-CA) opened this morning's Subcommittee hearing on information sharing for homeland security, what he called “an indispensable part of this Committee’s oversight responsibilities. "We want to be reassured that DHS, in particular, has engaged its non-Federal government counterparts as equal partners in the homeland security enterprise," Cox advised. "We want to know that there are now mutually satisfactory mechanisms to enable the two-way flow of information to and from DHS and its State, local, and tribal government partners. That, in itself, would be real progress." [Link to statement, PDF]
  • Permanent Link       Topic(s): Congress, E-Government
    Hearing Today on Health Information Technology

    Senate Budget Committee: Health Information Technology: The Federal Role and Budget Implications

  • Testimony of Secretary, Department of Health and Human Services, Mike Leavitt (12 pages, PDF)


  • July 19, 2005
    New on LLRX.com

    All the articles listed are available in Part 1 of the July 2005 issue of LLRX.com:

  • Delivering Actionable Information To Front-Line Lawyers - John Alber details the effective implementation of business intelligence (BI) systems within law firms.
  • The Government Domain: Bloggin' USA - Peggy Garvin looks at three free web services that leverage blogs and blogging software to deliver information on federal government issues.

  • Short Takes: The 18th edition of The Bluebook is hot off the press - Lee Peoples announces a program focused on the new edition of A Uniform System of Citation, presented at the AALL annual conference, now underway in San Antonio.

  • CongressLine: Legislative Monitoring - Additional Materials - I am delighted to welcome Paul Jenks as the new author of CongressLine, a must read column for professionals who are tracking federal legislation. Paul provides readers with resources, techniques and tools to power-up their legislative monitoring skills, significantly expanding the overall context and content of this challenging process.

  • Updates to LawPro Links - Sabrina I. Pacifici links to a range of recently available resources that include: presentation materials from the AALL 2005 annual conference; guides to RSS and blogging software; a library and information science wiki; and a terrific offer for free law firm website hosting.

  • FOIA Facts: Governmental Secrecy - Scott Hodes focuses on the issue of the proper classification of government documents as specified by Executive Order 12958.

  • Washington Post Blog on Bush's Choice of John G. Roberts Jr., as Supreme Court Nominee

    See the Campaign for the Supreme Court postings, which include key early responses to the nomination, as well as links to some of his opinions.

    Permanent Link       Topic(s): Courts, Legal Research
    Advocacy Group Seeks Safeguards on Government Use of Personal Data

    The Center for Democracy and Technology (CDT) outlines a framework for DHS to secure the use of personally identifiable information purchased from commercial services.

  • CDT Recommended Policies for Use of Private Sector Data, July 18, 2005. (6 pages, PDF)
  • Permanent Link       Topic(s): E-Government, Privacy
    Dissenting Views on Patriot Act Reauthorization

    House Judiciary Committee, Democratic Dissenting Views - H.R. 3199, the "USA PATROIT and Terrorism Prevention Reauthorization Act of 2005" (70 pages, PDF)

  • See also related Patriot Act postings
  • Letter to CRS on the Impeachability of White House Staff

    July 14, 2005 Text of Letter from Reps. Frank and Conyers to CRS's American Law Division Requesting Opinion on the Impeachability of White House Staff.

    July 18, 2005
    FBI Acknowledges Monitoring Websites of Range of Advocacy Groups

  • FBI says it has files on ACLU, Greenpeace, other rights groups

  • Large Volume of F.B.I. Files Alarms U.S. Activist Groups: "The Federal Bureau of Investigation has collected at least 3,500 pages of internal documents in the last several years on a handful of civil rights and antiwar protest groups in what the groups charge is an attempt to stifle political opposition to the Bush administration."

  • Government Has Amassed Thousands of Pages on National Peace and Civil Rights Organizations: "The American Civil Liberties Union today revealed that the FBI has amassed more than 1,100 pages of documents on its organization since 2001, as well as documents concerning other non-violent groups including Greenpeace and United for Peace and Justice."
  • Privacy Compromised for Convenience of E-ZPass?

    As a follow-up to my December 12, 2003 posting, E-ZPass Technology, Law Enforcement and Privacy, see this article, A Pass on Privacy, from the Sunday New York Times Magazine: "The computer system to which you have surrendered your payment information also records data about your movements and habits. It can be hacked into." Read on.

    Commentary on the Expansion Federal Law Enforcement Power Under Umbrella of Enhancing Security

    The Security Pretext: An Examination of the Growth of Federal Police Agencies, CATO Briefing Paper, by Melanie Scarborough.

  • Full Text of Briefing Papers no. 94, 16 pages, (PDF)

    See also:
  • Cities opening more video surveillance eyes, by Martha T. Moore, USA TODAY

  • The Naked Crowd: Reclaiming Security and Freedom in an Anxious Age, by Jeffrey Rosen


  • Questions On Presidential Responsibility Under E.O. 12958

    New Bush Statement on Rove Conflicts with Executive Order: "Rep. Waxman explains that the President's responsibility under E.O. 12958 to protect national security secrets requires the President to act before Special Prosecutor Patrick Fitzgerald completes his criminal investigation and to apply different standards and sanctions."

  • Letter to President Bush (5 pages, PDF)

  • Related postings here and here.
  • GAO Reports on Needed IT Improvements for Census Bureau

    Information Technology Management: Census Bureau Has Implemented Many Key Practices, but Additional Actions Are Needed GAO-05-661, June 16, 2005. Highlights.

  • "The bureau has developed policies and procedures and initiated key practices in many of the areas that are important to successfully managing IT, including investment management, system development/management, enterprise architecture management, information security, and human capital management. However, many of these practices are not fully and consistently performed...Because the bureau plans to spend billions of dollars on information technology to prepare for the 2010 decennial census, building in sound IT practices now is more critical than ever."

  • July 17, 2005
    July 15, 2005
    Comparison of RSS 2.0 and Atom 1.0

    RSS 2.0 and Atom 1.0, Compared: "People who generate syndication feeds have a choice of feed formats. As of mid-2005, the two most likely candidates will be RSS 2.0 and Atom 1.0. The purpose of this page is to summarize, as clearly and simply as possible, the differences between the RSS 2.0 and Atom 1.0 syndication languages."

    Permanent Link       Topic(s): Blogs, RSS
    Karl Rove's Nondisclosure Agreement

    Friday, July 15, 2005 -- "A fact sheet (3 pages, PDF) released by Rep. Waxman explains that the nondisclosure agreement signed by Karl Rove prohibited Mr. Rove from confirming the identity of covert CIA agent Valerie Wilson to reporters. Under the nondisclosure agreement and the applicable executive order, even "negligent" disclosures to reporters are grounds for revocation of a security clearance or dismissal." [Link]

    Permanent Link       Topic(s): Government Documents
    Google Print for Libraries Project Encounters Continued Opposition

    Another follow-up to groups voicing opposition to Google's project to digitize major library collections, this time from the Association of Learned and Professional Society Publishers (ALPSP), which is "the international trade association for not-for-profit publishers and those who work with them." The group's July 11, 2005 "response to Google Print for Libraries digitisation project" (3 pages, PDF) includes the following statements:

  • "‘Google Print for Libraries'...entails making complete digital copies of publications, including - in the case of some of the participating libraries - works which are still in copyright. Irrespective of whether the results may be damaging or beneficial to the copyright owners, the fact remains that copying on such a scale is in clear contravention of copyright law and is not covered by any exception in any relevant legislation."
  • President's IT Cmte. Reports on Critical Role of Computational Science for American Competitiveness

    President's Information Technology Advisory Committee (PITAC) Report to the President on Computational Science: Ensuring America's Competitiveness (June 2005) (117 pages, PDF).
    Related references:

  • High-Performance Computing Act of 1991 (PL 102-194)

  • Next Generation Internet Act of 1998 (PL 105-305)

  • PITAC Executive Orders

  • LA Times Ethics Guidelines

    Los Angeles Times Ethics Guidelines (9 pages, PDF)

    Permanent Link       Topic(s): Internet
    GAO Reports on E-Records Archives and Agency Info Security

  • Information Management: Acquisition of the Electronics Records Archives Is Progressing GAO-05-802, July 15, 2005. Highlights.

  • Information Security: Weaknesses Persist at Federal Agencies Despite Progress Made in Implementing Related Statutory Requirements GAO-05-552, July 15, 2005. Highlights: "Pervasive weaknesses in the 24 major agencies' information security policies and practices threaten the integrity, confidentiality, and availability of federal information and information systems. Access controls were not effectively implemented; software change controls were not always in place; segregation of duties was not consistently implemented; continuity of operations planning was often inadequate; and security programs were not fully implemented at the agencies."
  • July 14, 2005
    Report of the Working Group on Internet Governance Released Today

    The United Nations Secretary-General today transmitted the Report of the Working Group on Internet Governance (24 pages, PDF) to the President of the Preparatory Committee of the World Summit on the Information Society, Ambassador Janis Karklins, and the WSIS Secretary-General, Mr Yoshio Utsumi.

  • See also the Background Report, also released today: "This Background Report accompanies and is complementary to the Report of the Working Group on Internet Governance (The WGIG Report). It includes much of the work produced in the course of the Working Group process and reflects the wide variety of opinions held within the group as well as many comments made by stakeholders during the consultation process."

  • Internet Governance Project's response to the WGIG Report (5 pages, PDF)
  • Permanent Link       Topic(s): Domain Names, Internet
    FAA Will Not Lift Airborne Ban On Use of Cell Phones and Wireless Devices

    Press release from the U.S. House Committee on Transportation and Infrastructure: A proposed Federal Communications Commission (FCC) rule to allow the use of cell phones on commercial aircraft received bipartisan criticism during a Congressional oversight hearing today...any change to the existing ban on aircraft cell phone use would require the approval of both the FAA and FCC. Although Nick Sabatini, Associate Administrator for Aviation Safety at the Federal Aviation Administration, indicated that the FAA has no intention of lifting its ban on the use of cell phones and other wireless devices, he said the FAA would consider allowing airlines to offer such services on a case-by-case basis if they demonstrate that pico cell, WiFi networks and other new communications technologies do not generate interference with avionics." The press release also includes quotes from statements made by witnesses.

  • See also, Consumers Opposed to Cell Phone Use in Flight and "Cell Phones On Commercial Aircraft - A Nuisance Or Necessity" To Be Focus Of Congressional Oversight Hearing Thursday
  • Democratic Report on Proposed DHS Reorganization

    Press release: "Democrats on the House Homeland Security Committee released a report this morning that analyzes the proposed Department of Homeland Security reorganization Secretary Michael Chertoff announced yesterday."

  • Protecting America Against Terrorists: The Case for a Comprehensive Reorganization of the Department of Homeland Security (14 pages, PDF)
  • Members of Gov't Reform Cmte. Seek Inquiry Into Plame Controversy

    Press release: Reps. Waxman, Hold, and Inslee introduce a resolution of inquiry to require the Bush Administration to provide information about who revealed the identity of covert CIA agent Valerie Plame Wilson.

  • Statement of Inquiry

  • Resolution text (3 pages, PDF)

  • Rep. Waxman Questions the Post-Leak Actions of the White House in the Rove Case

  • Letter to White House Chief of Staff Andrew Card from House Government Reform Committee Ranking Member Henry Waxman (6 pages, PDF) asking whether the White House complied with Executive Order 12958, requiring an internal investigation and the implementation of remedial measures, after the White House learned about the outing of covert CIA agent Valerie Wilson.
  • OIG IG Report Reviews Policies and Procedures For Classified Info on Laptops

    Processing Classified Information on Portable Computers in the Department of Justice, Audit Report 05-32, July 2005 (63 pages, PDF)

    Commerce Committee Leaders Introduce ID Theft Protection Act

    Press release: "A bipartisan coalition of Senate Commerce Committee leaders today introduced comprehensive legislation (The Identity Theft Protection Act, S.1408) that protects consumers from identity theft. The bill sets national standards for notifying consumers of data breaches, requires businesses to improve their safeguards for sensitive consumer information, gives consumers the right to freeze their credit reports to thwart identity theft, and limits the solicitation of Social Security numbers."

  • Section-by-section analysis on the bill (5 pages, PDF)
  • Law Professor Proposes Innovative Use of P2P Technology for Patent Review

    Peer to Patent (PtoP): A Modest Proposal, by Beth Simone Noveck

  • The patent system is broken...This modest proposal harnesses social reputation and collaborative filtering technology to create a peer review system of scientific experts ruling on innovation. The idea of blue ribbon panels or advisory committees is not new. But the suggestion to use social reputation software – think Friendster, Linked in, eBay reputation points -- to make such panels big enough, diverse enough and democratic enough to replace the patent examiner is."
  • July 13, 2005
    Proposed Amendment to Canadian Copyright Act Addresses Accessing Copyrighted Materials Via Web "Information Location Tool"

    From the Canadian Globe and Mail, Could Googling become illegal?

  • See C-60, An Act to amend the Copyright Act, specifically Sec. 40.3 (scroll down the page to locate)
  • Internet Archive Sued in Case Involving DMCA and Computer Fraud and Abuse Act

    Keeper of Expired Web Pages Is Sued Because Archive Was Used in Another Suit

  • Internet Archive

  • the complaint, filed in District Court, Eastern District of Pennsylvania (48 pages, PDF)
  • Portions of Patriot Act on Intelligence Law Made Permanent by House Committee Vote Today

  • H.R. 3199, To extend and modify authorities needed to combat terrorism, and for other purposes. Introduced July 11, 2005

  • U.S. Newswire - "The House Judiciary Committee today passed legislation (H.R. 3199) reauthorizing the USA-PATRIOT Act by a 23-to-14 vote with 2 Members voting present. The Committee adopted some of the dozens of amendments it considered during the 11-plus hour markup."

  • Hoekstra Statement on House Intelligence Patriot Act Reauthorization Mark-Up, July 13, 2005. "U.S. Rep. Pete Hoekstra, Chairman of the House Permanent Select Committee on Intelligence, issued his opening statement after the committee passed H.R. 3199, the USA Patriot and Terrorism Prevention Reauthorization Act. The bill was approved by voice vote and, as amended, goes to the House for consideration."

  • Full Statement: "Today the Committee will consider H.R. 3199, a bill to reauthorize the sixteen expiring provisions of the USA PATRIOT Act. Ten of those provisions dealing with intelligence and intelligence-related matters, primarily the Foreign Intelligence Surveillance Act, are within the jurisdiction of this Committee. The bill also reauthorizes two provisions of the Intelligence Reform and Terrorism Prevention Act, one of which is in the jurisdiction of the Committee...The bill includes four key reforms to Section 215 of the PATRIOT Act, which allows a judge to authorize access to certain business records. The bill establishes a relevance standard to more clearly ensure that orders are relevant to a terrorism or espionage investigation. It also clarifies that judges may modify Section 215 orders, and that recipients may obtain legal advice and challenge the order in court. Finally, it establishes a panel of judges to consider
    such challenges and sets forth specific procedures to do so."

  • Lawmakers Agree to Renew Patriot Act

  • Statement of Senator Dianne Feinstein on Sponsoring Legislation to Reauthorize the USA Patriot Act, July 13, 2005 (includes bill language)
  • Review of Gov't Teen Health Website States Significant Inaccuracies Require Overall Revisions

    At issue is the HHS sponsored website, 4parents.gov, launched March 25, 2005, which is promoted as "part of a new national public education campaign to provide parents with the information, tools and skills they need to help their teens make the healthiest choices." Following are links to documents posted today on the Minority Office website of the Government Reform Committee:

  • Rep. Waxman's Letter to HHS Secretary Leavitt (12 pages, PDF) documents inaccuracies on the site and requests that it be removed and replaced with a site reflective of scientific data.

  • Links to the reviews and recommendations of four scientific experts in the field, all in PDF, are available here.
  • July 12, 2005
    CBSNews.com Morphs Into 24/7 On Demand Broadband Service

    The 3 page press release (PDF), CBS Unveils Changes, Web Strategy. "CBS News will move from a primarily television and radio news-based operation to a 24-hour, on-demand news service, available across many platforms, drawing on the experienced, worldwide, award-winning resources of the Division. The new CBSNews.com will include: an on-demand, 24-hour news network in the digital broadband space; a blog to be called "Public Eye" designed to provide greater openness and transparency into the newsgathering process; a newly-configured homepage including The EyeBox, an on-page video player showcasing the free broadband video of CBSNews.com including over 25,000 clips -- and video yet to be broadcast on the network..."

    Analysis of Personal Data Privacy and Security Act

    From the U.S. Public Policy Committee of the Association for Computing Machinery (ACM), Data security & privacy bill part of a crowded Senate agenda (Part 1).

  • Part 2, published July 13, 2005

  • WSJ Explores Potential Conflicts When Journalists Maintain Personal Blogs

    A free feature from today's WSJ: Should Newspapers Sponsor Blogs Written by Reporters?

    Permanent Link       Topic(s): Blogs
    Once Secret Reports From Special Trial Judges Available For First Time Since 1983

    From the New York Times today, Secrecy Is Lifted in Some Tax Court Trials

    Permanent Link       Topic(s): Legal Research
    Article Addresses Wirelsss Tracking Technologies and Privacy Issues

    From the Christian Science Monitor, Can you be found anywhere, anytime? reviews how GPS, TV and wireless signals can be used to track your location.

    Permanent Link       Topic(s): Privacy, Wireless Web
    GAO Report Highly Critical of DHS IT Systems

    Information Security: Department of Homeland Security Needs to Fully Implement Its Security Program GAO-05-700, June 17, 2005. Highlights.

  • "DHS has not fully implemented a comprehensive, departmentwide
    information security program to protect the information and information systems that support its operations and assets. It has developed and documented departmental policies and procedures that could provide a framework for implementing such a program; however, certain departmental components have not yet fully implemented key information security practices and controls."
  • Guide to Factiva Resources on LexisNexis

    A 16 page PDF Practice Area Research Guide to news, business, industry and market resources from Factiva which will be available on LexisNexis in 2005.

    Permanent Link       Topic(s): Legal Research
    CERT Issues Cyber Security Alert On Trojan Email Attacks

    Alert Overview: "The United States Computer Emergency Readiness Team (US-CERT) has received reports of an email based technique for spreading trojan horse programs. A trojan horse is an attack method by which malicious or harmful code is contained inside apparently harmless files. Once opened, the malicious code can collect unauthorized information that can be exploited for various purposes, or permit computers to be used surreptitiously for other malicious activity. The emails are sent to specific individuals rather than the random distributions associated with a phishing attack or other trojan activity...These attacks appear to target US information for exfiltration. This alert seeks to raise awareness of this kind of attack, highlight the important need for government and critical infrastructure systems owners and operators to take appropriate measures to protect their data, and provide guidance on proper protective measures."

    New Email Service Replaces Export Alert

    "Notify U.S. is a free, web-based e-mail subscription service that offers U.S. entities (citizens, industries, organizations) an opportunity to review and comment on proposed foreign technical regulations that can affect their businesses and their access to international markets. This service and its associated web site is managed and operated by the National Center for Standards and Certification Information (NCSCI) an organization within the National Institute of Standards and Technology (NIST). NIST is part of the U.S. Department of Commerce's (DOC) Technology Administration."

    Current Administration Classifying Documents at Unprecedented Rate

    New York Times editorial today, The Dangerous Comfort of Secrecy: "The Bush administration is classifying the documents to be kept from public scrutiny at the rate of 125 a minute. The move toward greater secrecy has nearly doubled the number of documents annually hidden from public view - to well more than 15 million last year, nearly twice the number classified in 2001 - as bureaucrats have invented more amorphous categories like "sensitive security information." At the same time, the declassification of documents required under the Freedom of Information Act has been choked down to a fraction of what it was a decade ago, leaving the government working behind an ever darker, ever denser screen."

    Industry Coalition Publishes Draft Report Defining Spyware

    "The Anti-Spyware Coalition has released the first draft of the consensus document Spyware Definitions and Supporting Documents for a 30 day public comment period."

  • See also from Wired, Giving New Meaning to 'Spyware'
  • July 11, 2005
    Wiretapping In-Flight Passenger Internet and Wireless Communications

    Wired reports today that the DOJ, FBI and DHS filed comments (23 pages, PDF) with the FCC seeking authority to require carriers to supply access to passenger in-flight communications "processed to and from broadband enabled communications devices onboard aircraft operating with United States airspace...," that they further require to be recorded by the carriers, once a threat determination has been made.

  • Related reference: Communications Assistance for Law Enforcement Act (CALEA)
  • NY Times Editorial Today on Patriot Act

    "Unnecessary Powers: The Patriot Act already gives government too much power to spy on ordinary Americans, but things could get far worse. Congress is considering adding a broad new investigative power, known as the administrative subpoena, that would allow the Federal Bureau of Investigation to gain access to anyone's financial, medical, employment and even library records without approval from a judge and even without the target knowing about it. Members of Congress should block this disturbing provision from becoming law."

    Related references:

  • Draft Copy of Bill to Reauthorize Certain PATRIOT Act Provisions and Debate Continues Behind Closed Doors on PATRIOT Act Extension

  • House Judiciary Hearing: Reauthorization of the USA Patriot Act, June 8, 2005. Serial No. 109-10. 80 pages, PDF.

  • House Judiciary Hearing: Serial No. 109-12, USA Patriot Act: A Review for the Purpose of Reauthorization, April 6, 2005. 168 pages, PDF.

  • Website Posts Unredacted Copy of Report Chronicaling History of IRS Unit

    The Memory Hole has made available an unredacted copy of a report previously recalled from federal depository libraries: 75 Years of IRS Criminal Investigation History, 102 pages, PDF. [thanks Suzanne]

    Rove, Prame, Cooper, Time...The Contentious Investigation Continues

    From WSJ free content today, Cooper Email Identifies Rove As a Source

    Related references:

  • from Editor and Publisher as follows: Press Batters McClellan on Rove/Plame Link

  • and More Miller-Cooper Fallout: 'L.A. Times' Tells Reporters Not to Enter Unnamed Names in Computers

  • and 'Newsweek' Says It Has First Word on What Karl Rove Told Matt Cooper

  • Matt Cooper's Source - What Karl Rove told Time magazine's reporter, by Michael Isikoff, Newsweek, July 18 issue.

  • Press release: "Citizens for Responsibility and Ethics in Washington (CREW) sent a letter today to President George Bush requesting that he immediately direct Karl Rove’s security clearances be suspended pending the outcome of the government’s investigation into the leak of Valerie Plame’s identity as an undercover agent for the Central Intelligence Agency (CIA)." (letter, PDF)

  • US Code: Title 50, Chapter 15, Subschapter IV, § 421: Protection of identities of certain United States undercover intelligence officers, agents, informants, and sources.

  • Disclosure of CIA Agent Identity - Rep. Waxman Calls for Hearing on Rove's Role in Plame Outing

  • Permanent Link       Topic(s): E-Mail,