December 30, 2005
Year End Update On the Costs of Iraq War
A running total of the U.S. taxpayer cost of the Iraq War is provided by the National Priorities Project, using data from Congressional appropriations. The war in Iraq costs, to date, are in excess of $230 billion. Iraq coalition casualties now number 2,178. Bush says 30,000 Iraqis dead since invasion began.
UK Magistrates' Court Test Text Messaging To Collect Fines
The Staffordshire magistrates' court recently tested the use of a "pay up or get locked up" text message to offenders, with a surprising level of success. Evidently, the technology may be more widely embraced in future by courts as an additional mechanism to collect outstanding fines: "Everyone's got a mobile phone and as one of the most common ways to keep in touch these days, it makes sense for the courts to contact offenders that way too."
Related reference: UK to Implement 24 Hour Vehicle Surveillance Program
White House Website Will Continue Using Web Bugs
New information related to yesterday's posting, NSA Website Discontinues Tracking Users After Objections, and in reference to U.S. to Investigate Contractor's Use of Internet Tracking Technologies on White House Web Site. This evening, AP reported that David Almacy, White House Internet and E-Communications Director, announced that the government website is not in violation of privacy guidelines that prohibit the use of cookies. The site does use web bugs, which it claims are not matched with the use of cookies. By way of further clarification, a "bug" is a small eavesdropping device.
Five Week Patriot Act Extension Signed By President
Follow-up to my December 22 posting, House Approves 5 Week Extension for Patriot Act, news from AP that Bush Signs Patriot Act Extension at Ranch.
From the NJ Madison Eagle: Librarians sounding off on Patriot Act - 'Chilling Effect' 'Ask For Subpoena' - "As the House, the Senate and the White House wrangled last week over a reauthorization of the Patriot Act with the clock ticking toward an end-of-year deadline, local librarians were not being shushed on their concerns over the privacy of their patrons."
Annual Energy Outlook 2006 (Early Release)
"The Annual Energy Outlook presents a midterm forecast and analysis of US energy supply, demand, and prices through 2030. The projections are based on results from the Energy Information Administration's National Energy Modeling System. The AEO2006 Early Release includes the reference case. The full publication, to be released in early 2006, will include complete documentation and additional cases examining energy markets." [Release date: December 2005]
DOJ Launches Investigation Into Leak About Domestic Surveillance Program
As a result of the New York Times article published on December 15 of this year, as reported by CNN and AP: "The Justice Department has opened an investigation into the leak of classified information about President Bush's secret domestic spying program."
Related references:
White House spokesman Trent Duffy: "The leaking of classified information is a serious issue."
Commentary by John W. Dean, George W. Bush as the New Richard M. Nixon: Both Wiretapped Illegally, and Impeachably; Both Claimed That a President May Violate Congress' Laws to Protect National Security
postings on the government's domestic surveillance program
Harris Poll: Many Americans Still Believe Hussein Had Links to al Qaeda
December 29, 2005
Pentagon Overseas Website PR Program Under Scrutiny
LA Times (reg. req'd), Pentagon Calls Its Pro-U.S. Websites Legal: "U.S. military websites that pay journalists to write articles and commentary supporting military activities in Europe and Africa do not violate U.S. law or Pentagon policies, a review by the Pentagon's chief investigator has concluded. But a senior Defense Department official said this week that the websites could still be shut down to avoid the appearance of impropriety."
Related references:
International Public Information (IPI), Presidential Decision Directive PDD 68, 30 April 1999
CNN, February 5, 2005 - Pentagon sites: Journalism or propaganda?
Discussion on Warrantless Wiretapping of Americans Inside the U.S.
From the Federalist Society for Law and Public Policy Studies, a Domestic Surveillance Discussion, between two Federalist Society members, David B. Rivkin Jr. and Robert Levy (10 pages, PDF).
Title 50 > Chapter 36 > Subchapter I - Electronic Surveillance
National Conference of State Legislatures Identify Key Issues for 2006
Press release: NCSL's Top Ten Legislative Issues Forecast For 2006.
Humane Society Top 12 Animal Stories of 2005
Press release: HSUS Top 12 Animal Stories of 2005.
Statistical Abstract of the United States 2006 Now Available
Statistical Abstract of the United States 2006, 125th edition (link to table of contents, with text available in PDF).
Compendium of Collective OIG's Activities in Oversight of Hurricane Disaster Response and Recovery
President's Council on Integrity and Efficiency (PCIE), Executive Council on Integrity and Efficiency Compendium of OIG Hurricane Oversight in the Gulf States, published 12/12/05 (18 pages, PDF).
PCIE Bi-Weekly Interagency Homeland Security Roundtable Report on Hurricane Katrina Oversight, December 16, 2005. The report, and a separate Memorandum for the Record clarifying GSA's role in providing FEMA assistance...
US Military Personnel Using Blogs To Communicate About Iraq Conflict
Sydney Morning Herald: US military finds soldiers' blogs too close for comfort: "In a development that is worrying US military commanders in Iraq, a growing number of US soldiers - 200 at the last count - have set up their own blogs, or internet diaries, and are updating them from the battlefield."
Lack of Info Sharing Infrastructure Impedes Homeland Security
Press release: Rep. Bennie G. Thompson (D-MS) released a report today showing that more than four years after 9/11 the federal government still does not have working systems for getting law enforcement officers the information they need to identify terrorists and to thwart their plans. The report, Beyond Connecting the Dots: A VITAL Framework for Sharing Law Enforcement Intelligence Information (52 pages, PDF), finds that frontline law enforcement officers are often unable to access intelligence information that could be critical to catching terrorists at our borders, our ports, our cities, and our towns throughout America."
Related reference from USA Today: "Many of the USA's 50,000 public-safety agencies still can't talk to each other in a crisis. The problem has plagued emergency responders in every big disaster in recent memory — from the Oklahoma City bombing to 9/11 to Katrina. The main culprit? Incompatible radio equipment."
NSA Website Discontinues Tracking Users After Objections
Following up on yesterday's posting, NSA Website Uses Cookies Despite Prohibition, from today's New York Times: Spy Agency Removes Illegal Tracking Files.
See also U.S. to probe contractor's Web tracking
DHS IG Audit Identifies Major Management Problems
Department of Homeland Security, office of Inspector General report: Major Management Challenges Facing the Department of Homeland Security, December 2005 (26 pages, PDF).
AP reports: Weaknesses in FEMA's response system during Hurricane Katrina were just one symptom of major management challenges at the Homeland Security Department, an internal report issued Wednesday concludes."
See also this recent posting: Report Details Significant DHS Security Failures
December 28, 2005
Article Analyzes Semantic Structure of Wikipedia
Analyzing and Visualizing the Semantic Coverage of Wikipedia and Its Authors, by Todd Holloway, Miran Bozicevic, Katy Börner:
"This paper presents a novel analysis and visualization of English Wikipedia data. Our specific interest is the analysis of basic statistics, the identification of the semantic structure and age of the categories in this free online encyclopedia, and the content coverage of its highly productive authors. The paper starts with an introduction of Wikipedia and a review of related work. We then introduce a suite of measures and approaches to analyze and map the semantic structure of Wikipedia. The results show that co-occurrences of categories within individual articles have a power-law distribution, and when mapped reveal the nicely clustered semantic structure of Wikipedia."
Related references:
Wikipedia, the Free Online Encyclopedia, Ponders a New Entity: Wikiversity
EPIC Posts Privacy Report By Alito While At Princeton
EPIC: "As a student at Princeton University, Supreme Court nominee Samuel Alito put together a remarkable report on the future of privacy in America. EPIC has obtained a complete copy of the report and, in cooperation with the Seeley G. Mudd Manuscript Library at Princeton University."
Pew Internet Survey Indicates Men and Women Now Online in Equal Numbers
Press release: "A wide-ranging look at the way American women and men use the internet shows that men continue to pursue many internet activities more intensively than women, and that men are still first out of the blocks in trying the latest technologies. At the same time, there are trends showing that women are catching up in overall use and are framing their online experience with a greater emphasis on deepening connections with people."
Report: How Women and Men Use the Internet (54 pages, PDF)
See also this Pew Research Center Commentary, What Was and Wasn't on the Public's Mind...And How Opinions Changed During 2005
NSA Website Uses Cookies Despite Prohibition
AP reports that the NSA website has continued to use cookies to track user access of the site, despite strict prohibitions against such practices:
OMB Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002, September 26, 2003 - Tracking technology prohibitions: agencies are prohibited from using persistent cookies or any other means (e.g., web beacons) to track visitors' activity on the Internet...for a compelling need."
Why Get A Warrant?: The President's Admission that He Authorized Warrantless Domestic Surveillance, by Sherry F. Colb
Recent links to news and documents related to NSA domestic surveillance
E-Gov Portal for Contracting Underutilized By Small Businesses
Small Contractors Fail to Use Free Government Services: On August 15, 2005, the National Association of Government Contractors (NAGC) released the results of a survey of government contractors nationwide...One of the more surprising results of the survey revealed that more than half of those contractors responding to the survey were not registered with FedBizOpps.gov, the single government point-of entry for Federal government procurement opportunities over $25,000. Commercial vendors may access information through this single portal free of charge. J.R. Claeys, President of NAGC, is concerned that small businesses aren’t tapping into this valuable resource. "Something must be done to reinforce the legitimacy of this resource and modify the perception that only large businesses are able to compete for contracts."
2005 DOT Report on Significant Rulemakings
DOT Report on Significant Rulemakings, December 2005 Complete Report
December 27, 2005
FISA Court Made Modifications to Bush Surveillance Requests
Secret court modified wiretap requests - Intervention may have led Bush to bypass panel, by Stewart M. Powell, Seattle Post-Intelligencer Washington Bureau.
Related commentary, references and postings:
Reuters: Secret surveillance up since 9/11 - "The Justice Department's reports to the U.S. Congress on the surveillance court's activities show that the Bush administration made 5,645 applications for electronic surveillance and physical searches through 2004, the most recent year for which figures are available. In the previous four years, the court received a total of 3,436."
Washington Post Op-Ed: Eavesdropping and Evading the Law
New York Times: Defense Lawyers in Terror Cases Plan Challenges Over Spy Efforts
The Security Threat of Unchecked Presidential Power
postings on domestic surveillance
Report Details Significant DHS Security Failures
Press release: "A House Committee on Homeland Security investigative report prepared for Ranking Member Bennie G. Thompson (D-MS) and Committee Democrats finds that the Department of Homeland Security has left 33 separate promises to strengthen aspects of homeland security unresolved ahead of the New Year."
Leaving the Nation at Risk: 33 Unfulfilled Promises From the Department of Homeland Security (40 pages, PDF)
The Relationship between Law Review Citations and Law School Rankings
Brophy, Alfred L., The Relationship between Law Review Citations and Law School Rankings (December 2005). U of Alabama Public Law Research Paper.
"Much recent scholarship has focused on the US News rankings and other ranking systems; other scholarship has focused on citations of law journals. This paper combines those two areas. It explores the connections between US News rankings (particularly the peer assessment scores) and citations of schools' main law reviews by journals and by courts."
December 26, 2005
Blawg Review Awards 2005
Thanks to Kevin Heller, Mike Cernovich, and Evan Schaeffer, whose Blawg Review Awards 2005 recognized beSpacific as best Legal Support Blog. Take a look at the terrific blogs that were recognized in 43 categories. Thanks also for recognizing beSpacific in Dennis Kennedy's 2005 Best of Legal Blogging Awards, in the Best Legal Blog Category - Law Librarian Blogs. Kudos to the terrific bloggers mentioned: The Law Librarian Blog, Out of the Jungle, Law Dawg Blawg, WisBlawg, Vancouver Law Library Blog, Stark County Library Blog, Library Boy, LawLibTech, Connie Crosby, BarclayBlog, and Slaw.ca
Washington Post Extends Free Access to Content
As reported by ClickZ News, the Washington Post.com will now provide access to articles for a 60 day period following publication, according to James M. Brady, Executive Editor. Prior to this, articles were archived after 14 days. Extending access to readers, via blogs and RSS, is credited as a key reason for the change.
Google Earth To Limit Views of Sensitive Israeli Sites
Following up on December 19, 2005 posting, Google Satellite Imagery Stirs Security Concerns Here and Abroad, Israel National News reports that the Goggle Earth satellite imagery will now offer users limited resolution of sensitive military installations in the country.
Please see this posting from Ogle Earth that adds facts, perspective and context to the above mentioned information.
Barron's Commentary on Domestic Surveillance Program
From Barron's Online (subscription req'd), Unwarranted Executive Power - The pursuit of terrorism does not authorize the president to make up new laws, by Thomas G. Donlan, Editorial Page Editor.
December 25, 2005
NSA's Post 9/11 Domestic Data Mining and Surveillance Programs
New York Times: The Agency That Could Be Big Brother: "...the N.S.A. has suddenly taken center stage in a political firestorm. The controversy over whether the president broke the law when he secretly ordered the N.S.A. to bypass a special court and conduct warrantless eavesdropping on American citizens has even provoked some Democrats to call for his impeachment."
Congressional Review of Domestic Spying To Expand
New York Times: NSA spying inquiry may be expanded, "Congressional officials said Saturday that they wanted to investigate the disclosure that the National Security Agency (NSA) had gained access to some of the country's main telephone arteries to glean data on possible terrorists."
Related links
December 24, 2005
Powell's Former Chief of Staff Challenges Administration Policies
Ex-Powell Aide Moves From Insider to Apostate
CBS/AP: Powell Supports Eavesdropping
Microsoft Announces Details of RSS Integration With Outlook
RSS Aggregation - Part 1: The Partnership
December 23, 2005
Daschle Disputes Authorization of Domestic Surveillance
AP: "The use of warrantless wiretaps on American citizens was never discussed when Congress authorized the White House to use force against al-Qaida after the Sept. 11 attacks, says former Senate Majority Leader Tom Daschle."
Washington Post Op Ed, Power We Didn't Grant, by Tom Daschle, Friday, December 23, 2005: "As Senate majority leader at the time, I helped negotiate that law with the White House counsel's office over two harried days. I can state categorically that the subject of warrantless wiretaps of American citizens never came up. I did not and never would have supported giving authority to the president for such wiretaps. I am also confident that the 98 senators who voted in favor of authorization of force against al Qaeda did not believe that they were also voting for warrantless domestic surveillance."
December 22, 2005 letter from Assistant Attorney General William E. Moschella to House and Senate Intelligence Committees
UK to Implement 24 Hour Vehicle Surveillance Program
The Independent Online: "Britain is to become the first country in the world where the movements of all vehicles on the roads are recorded. A new national surveillance system will hold the records for at least two years."
The Independent Online: "If the police and security services can show that a national surveillance operation based on recording car movements can protect the public against criminals and terrorists, there will be a strong political will to do the same with street cameras designed to monitor the flow of human traffic."
Related references:
Press release from the Association of Chief Police Officers, March 22, 2005: Launch of Automatic Number Plate Recognition (ANPR) Strategy for the Police Service – 2005/2008. [via Spy blog]
"Automatic Number Plate Recognition (ANPR) cameras can tell police officers within seconds whether a vehicle has been stolen, is known to be involved in a crime, or is untaxed." [PITO website]
Domestic Spying Program Extends to Monitoring All Calls Abroad and Locations in 6 U.S. Cities
Privacy advocates and legal scholars are speculating on and commenting about the ramifications of the surveillance program encompassing an even wider arena of communications than previously considered to be the case.
Boston Globe: Spy net may pull in all U.S. calls overseas - Many Americans' privacy is at risk, some say: "The National Security Agency, in carrying out President Bush's order to intercept the international phone calls and e-mails of Americans suspected of links to al-Qaida, has probably been using computers to monitor all other Americans' international communications as well, according to specialists familiar with the workings of the NSA."
New York Times: Spy Agency Mined Vast Data Trove, Officials Report
U.S. News, Nuclear Monitoring of Muslims Done Without Search Warrants, by David E. Kaplan: "In search of a terrorist nuclear bomb, the federal government since 9/11 has run a far-reaching, top secret program to monitor radiation levels at over a hundred Muslim sites in the Washington, D.C., area, including mosques, homes, businesses, and warehouses, plus similar sites in at least five other cities, U.S. News has learned."
U.S. Constitution: Fourth Amendment
Archives Releases Additional Documents Relating to Judge Samuel Alito
NARA press release: "The National Archives at College Park will release 45 documents relating to Samuel Alito. These records total 744 pages from Record Group 60, Records of the Department of Justice, Files of John Bolton, Michael Carvin, Roger Clegg, Stephen Galebach, Brian Landsberg, Mark Levin, and Richard Willard....The National Archives found the documents, consisting of memoranda and other documents, in various folders in the files of these individuals during the processing of additional FOIA requests."
Records Pertaining to Judge Samuel A. Alito, Jr
Previous postings on Alito
News related to issues raised in reviewing the latest documents:
AP: "Supreme Court nominee Samuel Alito wrote in a June 1985 memo that the ruling that legalized abortion should be overturned, a position certain to spur tough questioning at January's confirmation hearings."
Alito Said Attorney General Immune From Wiretap Suits
Sen. Leahy Statement on Documents Released by National Archives Relating to Alito Nomination re warrantless wiretaps: "DESCRIPTION OF THE JUNE 12, 1985, MEMO from Samuel Alito to the Solicitor General re: Forsyth v. Kleindienst (i.e. Mitchell v. Forsyth) (DOJ3-00285-DOJ3-00291) -- Mr. Alito later wrote the brief in Mitchell v. Forsyth arguing that the Attorney General should have qualified and absolute immunity for civil damages stemming from the warrantless authorization of wiretaps. Ultimately, the court ruled that the Attorney General was qualifiedly immune (because the decision was made before the Supreme Court clarified that such warrantless taps were unconstitutional), but rejected the arguments for absolute immunity. In this memo, Samuel Alito takes an approach mirroring what he did in Thornburgh by embracing the principle of absolute immunity and suggesting tactical reasons for avoiding taking it head on. He argues that the Administration should seek cert only on the appealability of the qualified immunity claim, not on absolute immunity, but for tactical reasons: "I do not question that the Attorney General should have this immunity, but for tactical reasons I would not raise the issue here." He lays out why this is not a good case for absolute immunity, including the fact that they would not have Justice Rehnquist's vote and that it involves a controversial official from a controversial era. In this memo Mr. Alito makes clear his own personal view in this matter, declaring that he, himself, has no doubt the Attorney General should have the immunity."
New York Times, Alito Memo in '84 Favored Immunity for Top Officials
December 22, 2005
Consumer Reports Compares and Contrasts 11 Travel Websites
Do Travel Search Engines Deliver? An Examination of the Leading Sites, December 21, 2005.
Quick and Useful Guide on Creating Effective Passwords
How to Write Better Passwords, by Sarah D. Scalet
GAO Audit Highlights Continued FBI Case Management Architecture Problems
Following up on previous postings on the FBI's virtual case file system, see Information Technology: Responses to Subcommittee Post-Hearing Questions Regarding the FBI's Management Practices and Acquisition of a New Investigative Case Management System, GAO-06-302R, December 21, 2005.
"The absence of performance-based contracting and effective contractor tracking and oversight has constrained the FBI's ability to effectively manage and oversee its EA contractor. More specifically, it has inhibited the bureau's ability to adequately define product quality expectations, which in turn increases the chances that delivered products will require rework. Such rework puts the bureau at risk of spending more time and money than necessary to produce an architecture. Consistent and stable management leadership is a human capital best practice and as such, should be an ongoing and sustained focus of the Director within all FBI organizational components, including IT."
Debate Escalates on Domestic Spying Program
Following up on news that Judge Robinson resigned from the FISA court in protest over the administration's warrantless surveillance program, related commentary and articles:
Warrantless Wiretapping: Why It Seriously Imperils the Separation of Powers, And Continues the Executive's Sapping of Power From Congress and the Courts, by Edward Lazarus.
Judges on Surveillance Court To Be Briefed on Spy Program: "One judge, speaking on the condition of anonymity, also said members could suggest disbanding the court in light of the president's suggestion that he has the power to bypass the court."
Experts Say Wiretap Fight May Taint Cases
Salon (reg. req'd, but readers can access it after viewing an advert first): Bush's impeachable offense - Yes, the president committed a federal crime by wiretapping Americans, say constitutional scholars, former intelligence officers and politicians. What's missing is the political will to impeach him.
Washington Times, Commentary by Bruce Fine: "President Bush presents a clear and present danger to the rule of law. He cannot be trusted to conduct the war against global terrorism with a decent respect for civil liberties and checks against executive abuses. Congress should swiftly enact a code that would require Mr. Bush to obtain legislative consent for every counterterrorism measure that would materially impair individual freedoms."
Senator Byrd on Monday expressed his strong concerns about possible violations of the Constitution in the Bush Administration's admitted practice of spying on American citizens.
ACLU Letter to Attorney General Gonzales Requesting the Appointment of Outside Special Counsel for the Investigation and Prosecution of Violations, or Conspiracy to Violate, Criminal Laws Against Warrantless Wiretapping of American Persons
Court Refuses U.S. Bid to Shift Terror Suspect
ruling and order in Padilla v. Hanft (14 pages, PDF)
Junior Aide Laid the Legal Basis For White House Terror Policies
Boxer Asks Specter to Hold Hearings on Bush's Surveillance Program Before Hearings on Judge Alito
House Approves 5 Week Extension for Patriot Act
AP: "The House passed a five-week extension of the Patriot Act on Thursday and sent it to the Senate as Congress scrambled to prevent expiration of anti-terror law enforcement provisions on Dec. 31."
From Pelosi Statement on One-Month Extension of Patriot Act: "Mr. Speaker, there is a very crucial debate in this country today about the rights of American citizens to privacy, and about the proper role of the Congress and the courts in assuring that no one – not even the President – tramples on those basic private rights without complying with the law. In this atmosphere, it is appropriate to give additional time to examine the implications of these controversial provisions of the Patriot Act."
Sensenbrenner Statement on House Passage of PATRIOT Act Extension Until February 3, 2006
December 21, 2005
FISA Court Judge Resigns In Response to Domestic Surveillance Program
Via FAS: "The Foreign Intelligence Surveillance Court was created by section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). It was originally comprised of seven district judges from seven circuits named by the Chief Justice of the United States to serve a maximum of 7 years. In 2001, the U.S.A. Patriot Act (section 208) amended the Foreign Intelligence Surveillance Act to increase the number of FIS Court judges from seven to eleven, "of whom no fewer than 3 shall reside within 20 miles of the District of Columbia."
News from several sources, including AP, and the Washington Post, on continued repercussions from the disclosure of domestic spying: U.S. District Judge James Robertson, in a letter to Chief Justice John G. Roberts Jr., delivered the evening of December 20, resigned from the FISA Court (he was appointed on 5/19/02). Although he provided no details in his resignation letter, reports indicate that his action was prompted by opposition to the warrantless surveillance program authorized by the President. and documented in previous postings.
Related news:
New York Times: Spying Program Snared U.S. Calls: "A surveillance program approved by President Bush to conduct eavesdropping without warrants has captured what are purely domestic communications in some cases, despite a requirement by the White House that one end of the intercepted conversations take place on foreign soil, officials say."
Opposing Views on Patriot Act Reauthorization Presented in DOJ and Advocacy Group Statements
DOJ Fact Sheet, December 20, 2005 - Civil Liberties Safeguards in the USA PATRIOT Act Conference Report: "After months of debate—including 23 Congressional hearings with over 60 witnesses—the Senate must act to reauthorize the USA PATRIOT Act before these key provisions expire. Last week, the House of Representatives voted to reauthorize the bill with strong bipartisan support. Now, four years after voting 98-1 to approve the USA PATRIOT Act, it is time for the Senate finish the job and allow law enforcement to maintain the vital tools it needs to keep America safe."
CDT memo, "What If PATRIOT Sunsets?" (5 pages, PDF) December 21, 2005: "CDT has issued a short analysis of the sunsetting provisions of the PATRIOT Act, showing that the "wall" between intelligence and law enforcement agencies would not be re-erected if the sunsets took effect and that the government would still retain broad surveillance powers to combat terrorism."
Related documents and postings:
Remarks Of Sen. Patrick Leahy, Ranking Member, Judiciary Committee, News Conference On Bipartisan Call To Extend The PATRIOT Act, Wednesday, Dec. 21, 2005
"U.S. Senators Chuck Schumer (D-NY), John Sununu (R-NH), and Patrick Leahy (D-VT) released a letter today signed by a majority of the U.S. Senate urging Majority Leader Bill Frist to extend PATRIOT Act by three months. A majority of Senators, 52 at press time, have signed the letter in support of a three-month extension in order to provide more time for the Senate to agree on a conference report to reauthorize the Act." [Link includes text of letter and names of signatories]
postings on Patriot Act
Pelosi Requests Declassification of Her Letter on NSA Activities
Press release: "House Democratic Leader Nancy Pelosi released the following statement today on her request to the Director of National Intelligence to declassify a letter she wrote several years ago to the Bush Administration expressing concerns about the activities of the National Security Agency."
"When I learned several years ago that the National Security Agency had been authorized to conduct the activities that President Bush referred to in his December 17 radio address, I expressed my strong concerns in a classified letter to the Administration and later verbally. Today, in an effort to shed light on my concerns, I requested that the Director of National Intelligence quickly declassify my letter and the Administration's response to it and make them both available to the public."
Advocacy Group on Free Expression Issues Report Calling for Strengthening Fair Use
Will Fair Use Survive? Free Expression in the Age of Copyright Control (76 pages, PDF), by Marjorie Heins and Tricia Beckles, Brennan Center for Justice at NYU School of Law, Free Expression Policy Project, December 2005.
"The report recommends: creating a clearinghouse for information, including sample replies to cease and desist and "take down" letters; outreach to Internet service providers who are instructed by companies to take down sites with material they claim as copyright-protected; changes in the law to reduce the penalty for guessing wrong about fair use; and the creation of a national pro bono legal support network."
Bipartisan Group of Senators Call For Joint Inquiry into Domestic Surveillance
Press release, December 20, 2005: "U.S. Senator Dianne Feinstein (D-Calif.) and a bipartisan group of Senate Intelligence Committee members today called for a joint inquiry by the Judiciary and Intelligence Committees into the President's authorization of domestic electronic surveillance of U.S. citizens."
Related reference:
Press release: "The American Civil Liberties Union today submitted records requests under the Freedom of Information Act to the National Security Agency (NSA), the Department of Justice and the Central Intelligence Agency for information about the NSA's program of warrantless spying on Americans, which was authorized by President Bush."
December 20, 2005
Report Highlights 3rd Anniversary of the E-Government Act
Office of Management and Budget report, Expanding E-Government: Improved Service Delivery for the American People Using Information Technology, December 2005.
U.S. Congress of Mayors Issues Hunger and Homelessness Survey
A Status Report on Hunger and Homelessness in America's Cities - A 24-City Survey, December 2005 (105 pages, PDF)
House Judiciary Cmte. Democratic Staff Report Confronts Iraq War Issues
Report prepared by the Minority Staff of the House Judiciary Committee, The Constitution in Crisis; The Downing Street Minutes and Deception, Manipulation, Torture, Retribution, and Coverups in the Iraq War (273 pages, HTML link to Table of Contents)
Press release by Rep. John Conyers, Jr. "...the report examines the Bush Administration's actions in taking us to war from A to Z. The report finds there is substantial evidence the President, the Vice-President and other high ranking members of the Bush Administration misled Congress and the American people regarding the decision to go to war in Iraq; misstated and manipulated intelligence information regarding the justification for such war; countenanced torture and cruel, inhuman and degrading treatment in Iraq; and permitted inappropriate retaliation against critics of their Administration. The Report concludes that a number of these actions amount to prima facie evidence that federal criminal laws have been violated. Legal violations span from false statements to Congress to whistleblower laws."
"In response to the Report, I have already taken a number of actions. First, I have introduced a resolution (H. Res. 635) creating a Select Committee with subpoena authority to investigate the misconduct of the Bush Administration with regard to the Iraq war and report on possible impeachable offenses. Second, I have introduced Resolutions regarding both President Bush (H. Res. 636) and Vice-President Cheney (H. Res. 637) proposing that they be censured by Congress based on the uncontroverted evidence already on the record and their failure to respond to Congressional and public inquiries about these matters and have never accounted for their many specific misstatements in the run up to War."
Losing the war against terrorism, Op-Ed by Rep. John Conyers, Jr., Published in The Hill (9/21/05)
Report on Internet Usage and Global Demographics
Jakob Nielsen's Alertbox, December 19, 2005: "The Internet is growing at an annualized rate of 18% and now has one billion users. A second billion users will follow in the next ten years, bringing a dramatic change in worldwide usability needs...According to Morgan Stanley estimates, 36% of Internet users are now in Asia and 24% are in Europe. Only 23% of users are in North America, where it all started in 1969 when two computers -- one in Los Angeles, the other in Palo Alto -- were networked together.
Yahoo Introduces Time Saving Search Shortcuts
From the Yahoo Search Blog: Open Shortcuts (beta) are custom keywords that take you directly to a site, a search, or start a task right from the search box...To use an Open Shortcut, you type !(exclamation point) followed by the name of the shortcut in the Yahoo! Search box. For example, type: !ebay lamps. This takes you directly to www.ebay.com and searches for lamps.
For more details, see the Yahoo! Open Shortcuts Help
FTC Reports on CAN-SPAM Act Effectiveness and Enforcement
Effectiveness and Enforcement of the CAN-SPAM Act: A Federal Trade Commission Report to Congress, December 2005 (116 pages, PDF):
"In addition to the analysis of effectiveness and enforcement, the report proposes three steps that could improve the efficacy of the CAN-SPAM Act. First, Congress should enact the US SAFE WEB Act, to improve the FTC's ability to trace spammers and sellers who operate outside of the United States. Second, we should continue education efforts to ensure that consumers are aware of the various ways they can protect themselves from spam, spyware, and sexually-explicit material. Third, we need continued improvement of anti-spam technology, and in particular, tools that prevent spammers from operating anonymously."
AG, VP Issue Statements on Legal Underpinnings of Electronic Surveillance Program
In following postings on the revelations on the Domestic Surveillance Program, see the text of this Press Briefing by Attorney General Alberto Gonzales and General Michael Hayden, Principal Deputy Director for National Intelligence, December 19, 2005.
"The President confirmed the existence of a highly classified program on Saturday. The program remains highly classified; there are many operational aspects of the program that have still not been disclosed and we want to protect that because those aspects of the program are very, very important to protect the national security of this country. So I'm only going to be talking about the legal underpinnings for what has been disclosed by the President. The President has authorized a program to engage in electronic surveillance of a particular kind, and this would be the intercepts of contents of communications where one of the -- one party to the communication is outside the United States. And this is a very important point -- people are running around saying that the United States is somehow spying on American citizens calling their neighbors. Very, very important to understand that one party to the communication has to be outside the United States."
ATTORNEY GENERAL GONZALES: This is not a backdoor approach. We believe Congress has authorized this kind of surveillance. We have had discussions with Congress in the past -- certain members of Congress -- as to whether or not FISA could be amended to allow us to adequately deal with this kind of threat, and we were advised that that would be difficult, if not impossible. [emphasis added]
Related government documents and news:
Press release, December 17, 2005: "All nine Democrats on the House Permanent Select Committee on Intelligence and a senior Member of the House Judiciary Committee today introduced legislation to strengthen accountability and oversight of National Security Letters (NSLs), which are requests for personal data and records issued directly by government agencies without the approval of a judge."
statements made by Vice President Cheney, December 20, 2005: "I would argue that the actions that we've taken there are totally appropriate and consistent with the constitutional authority of the president."
Dec. 20, 2005 Press Briefing by Scott McClellan: "...Well, the NSA authorization that has been talked about over the past couple of days is vital to our efforts to prevent attacks...And remember, there are important safeguards and oversight measures that are in place for this program...Every 45 days or so it is carefully reviewed; it must have the approval of top legal officials from the Attorney General to the White House Counsel. The activities that are conducted under this authorization are thoroughly reviewed by the Department of Justice and by the National Security Agency legal officials, including the General Counsel and the Inspector General. There is intense oversight of it, as General Hayden, the Deputy Director of National Intelligence, talked about. And the decisions that are made under this authorization, which is very limited, again, are made by career intelligence officials at NSA."
December 19, 2005: Sen. John D. (Jay) Rockefeller IV, Vice Chairman of the Senate Select Committee on Intelligence, comments on the National Security Agency (NSA) program for intercepting communications within the United States. "The record needs to be set clear that the Administration never afforded members briefed on the program an opportunity to either approve or disapprove the NSA program. The limited members who were told of the program were prohibited by the Administration from sharing any information about it with our colleagues, including other members of the Intelligence Committees...Additionally, Senator Rockefeller released his correspondence to the White House on July 17, 2003 – the day he first learned of the program -- expressing serious concerns about the nature of the program as well as Congress' inability to provide oversight given the limited nature of the briefings."
Washington Post: White House Elaborates on Authority for Eavesdropping
LA Times: Legal Test Was Seen as Hurdle to Spying - Some say the court's tougher standard of 'probable cause' led to the surveillance order.
Washington Post: Bush Addresses Uproar Over Spying - 'This Is a Different Era, a Different War,' He Says as Some Lawmakers Seek Probe
Domestic Spying Targeted Animal Rights and Environmental Activitists
Press release: "According to new documents released today by the American Civil Liberties Union, the FBI is using counterterrorism resources to monitor and infiltrate domestic political organizations that criticize business interests and government policies, despite a lack of evidence that the groups are engaging in or supporting violent action."
The ACLU has posted the FOIA requests/releases (in PDF, comprising over 2,300 pages of redacted documents) as follows: By Theme; By Client; By State.
New York Times: F.B.I. Watched Activist Groups, New Files Show
December 19, 2005
Congressional Calls for Investigation of Domestic Surveillance Program Intensify
Press release: "U.S. Senator Barbara Boxer (D-CA) today asked four presidential scholars for their opinion on former White House Counsel John Dean's statement that President Bush admitted to an 'impeachable offense' when he said he authorized the National Security Agency to spy on Americans without getting a warrant from a judge."
Press release: "Congressman Jerrold Nadler (D-NY) today demanded that Attorney General Gonzales appoint a special counsel to investigate the President's apparent violation of law in asking the National Security Agency to eavesdrop, without warrants, on Americans’ international phone calls."
Related reference: Web exclusive commentary by Jonathan Alter, in Newsweek, titled, Bush's Snoopgate
New on LLRX.com
A Selected Bibliography on "Sensitive But Unclassified" and Similarly Designated Information Held by the Federal Government, by Sara E. Kelley
Wrongful Conviction and Innocence Resources on the Internet, by Ken Strutin
Foreign and Transnational Legal Forms, by Mary Rumsey
2005 Holiday Gadget Gift Guides, by Jeff Beard
Dennis Kennedy's Legal Technology Predictions for 2006: Small Steps for Most Firms, Giant Leaps for a Few Firms, by Dennis Kennedy
Are You Ready for Local Search?, by Frederick L. Faulkner IV
The Tao of Law Librarianship: Invite Your Librarian to a Client Event, by Connie Crosby
The Government Domain: Another Redesign for THOMAS, by Peggy Garvin
CongressLine by GalleryWatch.com: On the Floor, In Congress, by Paul Jenks
FOIA Facts: Recent FOIA Items in the News, by Scott A. Hodes
After Hours: My Wish List -The Shipping Charge Disclosure Campaign, and Ever-Widening Concentric Circles of Yum, by Kathy Biehl
National Security Agency Declassified Electronic Briefing Book
Press release: "In the wake of revelations that the Bush administration authorized the warrantless surveillance of U.S. citizens in 2002, the National Security Archive reposted its National Security Agency Declassified electronic briefing book, first published in January 2000 and updated as recently as this year. President Bush's recent admission that he authorized the National Security Agency (NSA) to eavesdrop on U.S. persons without obtaining a warrant has focused the nation's attention on the authorities and regulations governing this sensitive issue. The Foreign Intelligence Surveillance Act (FISA) specifically prohibits domestic surveillance by the NSA, the nation's largest intelligence agency, unless it gets permission to do so from the Foreign Intelligence Surveillance Court."
Wikipedia Continues to Confront Controversy
WSJ free feature today: Wikipedia's Woes - Tumultuous Weeks for Internet Encyclopedia Bring Furor Over Anonymity, Accountability
Financial Times: Wikipedia to restrict access to encyclopaedia: "Wikipedia, the online user-written encyclopaedia that has come under fire for inaccuracies, is to introduce a more traditional fixed version of its contents in an effort to increase its reliability."
Previous related postings
The Global E-government Readiness Index 2005
UN Global E-government Readiness Report 2005 (PDF): "The UN Global E-government Survey 2005 presents a comparative ranking of the countries of the world according to two primary indicators: i) the state of e-government readiness; and ii) the extent of e-participation. Constructing a model for the measurement of digitized services, the Survey assesses the 191 member states of the UN according to a quantitative composite index of e-government readiness based on website assessment; telecommunication infrastructure and human resource endowment....According to the global e-government readiness rankings in 2005, the United States is the world leader followed by Denmark, Sweden, and the United Kingdom in that order. Among the developing countries the Republic of Korea leads with Singapore, Estonia, Malta and Chile close behind."
Administration Responds to Concerns About Domestic Surveillance Citing Exemption
Following up on related postings in the past several days, see the following references, resources, statements and news:
Electronic Surveillance: 50 USC 1801 - 50 USC 1811.
Foreign Intelligence Surveillance Act
Foreign Intelligence Surveillance Act Orders 1979-2004
Congressional Record: December 16, 2005 (Senate)[Page S13736-S13749]. Statement of Sen. Feinstein: "...Let me be clear. Domestic intelligence collection is governed by the Foreign Intelligence Surveillance Act, known as FISA. This law sets out a careful set of checks and balances that are designed to ensure that domestic intelligence collection is conducted in accordance with the Constitution, under the supervision of judges and with accountability to the Congress of the United States. Specifically, FISA allows the Government to wiretap phones or to open packages, but only with a showing to a special court--the FISA court--and after meeting a legal standard that requires that the effort is based on probable cause to believe the target is an agent of a foreign power..."
AP: Gonzales: Congress authorized domestic spying: "Responding to a congressional uproar, the Bush administration said Monday that a secret domestic surveillance program had yielded intelligence results that would not have been available otherwise in the war on terror."
Gonzales: War powers authorized eavesdropping
Press Conference of the President, The East Room, 10:32 A.M. EST, December 19, 2005: "...consistent with U.S. law and the Constitution, I authorized the interception of international communications of people with known links to al Qaeda and related terrorist organizations. This program is carefully reviewed approximately every 45 days to ensure it is being used properly. Leaders in the United States Congress have been briefed more than a dozen times on this program. And it has been effective in disrupting the enemy, while safeguarding our civil liberties."
Lawmakers Call for Domestic Spying Probe
New Resource for CRS Reports on Agriculture and Food Issues
Today the The National Agricultural Law Center at the University of Arkansas School of Law announced the availability of a website which currently provides access to over 200 CRS reports on agriculture and food law policy related issues. The site's content will continue to expand, and currently provides users with a subject index comprising 22 listings.
December 18, 2005
Pentagon Data Mining and Surveillance Programs In the Spotlight
Following-up on Proposals for Expanded Domestic Surveillance to Obtain Actionable Data, today's Washington Post article, Pushing the Limits Of Wartime Powers, sheds further light on the existence and operations of the Counterintelligence Field Activity, and the use of its Talon antiterrorism database.
December 17, 2005
Bush Radio Address Today; Feingold's Response and Related Commentary
Radio Address by the President to the Nation, December 17, 2005: "This authorization is a vital tool in our war against the terrorists. It is critical to saving American lives. The American people expect me to do everything in my power, under our laws and Constitution, to protect them and their civil liberties and that is exactly what I will continue to do as long as I am president of the United States..."
Bloomberg: Bush Defends U.S. Wiretaps, Urges Patriot Act Renewal
In following my previous posting, News of Classified Domestic Surveillance Operation Sparks Outrage, today Senator Russ Feingold Responds to the President's Radio Address: "The President's shocking admission that he authorized the National Security Agency to spy on American citizens, without going to a court and in violation of the Constitution and laws passed by Congress, further demonstrates the urgent need for these protections. The President believes that he has the power to override the laws that Congress has passed. This is not how our democratic system of government works. The President does not get to pick and choose which laws he wants to follow. He is a president, not a king."
Washington Post, President Acknowledges Approving Secretive Eavesdropping: "Hundreds and perhaps thousands of people have been subjected to the surveillance, according to government officials."
White House Issues Guidelines and Requirements in Support of the Information Sharing Environment
From the White House, December 16, 2005: "Memorandum for the Heads of Executive Departments and Agencies. Guidelines and Requirements in Support of the Information Sharing Environment:
Ensuring the appropriate access to, and the sharing, integration, and use of, information by Federal, State, local, and tribal agencies with counterterrorism responsibilities, and, as appropriate, private sector entities, while protecting the information privacy and other legal rights of Americans, remains a high priority for the United States and a necessity for winning the war on terror. Consistent with section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108 458) (IRTPA), my Administration is working to create an Information Sharing Environment (ISE) to facilitate the sharing of terrorism information (as defined in Executive Order 13388 of October 25, 2005)."
December 16, 2005
ARL Publishes Law Library Statistics for 2003–04
"The Association of Research Libraries (ARL) announces the availability of the ARL Academic Law Library Statistics 2003–04. This publication presents compilations and rankings of data that describe collections, expenditures, personnel, and services in 77 law libraries at ARL member institutions throughout North America."
download the data files or a PDF of the publication
Google Music Search Feature
Music Search: Use Google to get quick access to a wide range of music information. For details, see the Official Google Blog posting.
News of Classified Domestic Surveillance Operation Sparks Outrage
The revelation of previously undisclosed domestic surveillance operations, documented in by the New York Times in the December 15 article which apparently had been withheld from publication for a year, has generated considerable controversy and bipartisan reaction calling for a Congressional probe.
Civil Liberties Become a Casualty of War
Digital Age Communications Act
Press release: "...Senator Jim DeMint (R-S.C.), a member of the Senate Commerce Committee, introduced the Digital Age Communications Act (DACA), S. 2113, 50 pages, PDF. The bill creates a communications regulation system that is market-oriented, competition-based and grounded in sound economic principles."
Complete Pentagon FOI Request Logs for 2000 to Present Now Online
Following-up on this November 24 posting, FOI Requests Made By Media Outpaced By Non Partisan Research Archive, additional details and the availability of complete FOI logs from 2000-2004 (in either Excel of zipped PDF), and the logs from 2004 to present (in either Excel or zipped PDF).
Patriot Act Reauthorization Blocked By Senate
As noted, this week marked a dramatic shift in Senate support for Patriot Act reauthorization without substantive reforms to the White House backed bill. Today a bipartisan group of Senators blocked the the bill's approval (the vote was 52-47), noting other recent revelations about secret government surveillance as having an impact on their decision.
WSJ free feature: Senate Blocks Patriot Act Renewals, Vote Deals Setback to Bush As Antiterrorist Law Spurs Privacy Concerns in U.S.
Statement of U.S. Senator Russ Feingold - Remarks as the Senate Considers Ending Debate on Reauthorization of the USA PATRTIOT Act As Prepared, December 16, 2005
December 15, 2005
New CRS Report Clearly Documents Differences in Congressional and Presidential Access to Intelligence Data
Press release: Senator Feinstein Releases Nonpartisan CRS Report that Concludes Congress Did Not Have Access to Full Scope of Prewar Intelligence.
CRS Report, Congress as a Consumer of Intelligence Information, December 14, 2005:
Limitations on Congressional Access to Certain National Intelligence - By virtue of his constitutional role as commander-and-in-chief and head of the executive branch, the President has access to all national intelligence collected, analyzed and produced by the Intelligence Community. The President's position also affords him the authority - which, at certain times, has been aggressively asserted - to restrict the flow of intelligence information to Congress and its two intelligence committees, which are charged with providing legislative oversight of the Intelligence Community. As a result, the President, and a small number of presidentially-designated Cabinet-level officials, including the Vice President - in contrast to Members of Congress - have access to a far greater overall volume of intelligence and to more sensitive intelligence information, including information regarding intelligence sources and methods. They, unlike Members of Congress, also have the authority to more extensively task the Intelligence Community, and its extensive cadre of analysts, for follow-up information. As a result, the President and his most senior advisors arguably are better positioned to assess the quality of the Community's intelligence more accurately than is Congress. In addition to their greater access to intelligence, the President and his senior advisors also are better equipped than is Congress to assess intelligence information by virtue of the primacy of their roles in formulating U.S. foreign policy..."
Commentary by Bill Moyers on Government Secrecy
In the Kingdom of the Half-Blind, by Bill Moyers. "This is the prepared text of the address delivered on December 9, 2005, by Bill Moyers for the 20th anniversary of the National Security Archive, a non-governmental research institute and library at The George Washington University, in Washington D.C."
"It has to be said: there has been nothing in our time like the Bush Administration's obsession with secrecy...I am only one of legions who have reached this conclusion. See the recent pair of articles by the independent journalist, Michael Massing, in The New York Review of Books. He concludes, "The Bush Administration has restricted access to public documents as no other before it." And he backs this up with evidence. For example, a recent report on government secrecy by the watchdog group, OpenTheGovernment.org, says the Feds classified a record 15.6 million new documents in fiscal year 2004, an increase of 81% over the year before the terrorist attacks on September 11, 2001. What's more, 64% of Federal Advisory Committee meetings in 2004 were completely closed to the public. No wonder the public knows so little about how this administration has deliberately ignored or distorted reputable scientific research to advance its political agenda and the wishes of its corporate patrons. I'm talking about the suppression of that EPA report questioning aspects of the White House Clear Skies Act; research censorship at the departments of health and human services, interior and agriculture; the elimination of qualified scientists from advisory committees on kids and lead poisoning, reproductive health, and drug abuse; the distortion of scientific knowledge on emergency contraception; the manipulation of the scientific process involving the Endangered Species Act; and the internal sabotage of government scientific reports on global warming..."
Non Partisan Report Notes Slight Upturn in Satisfaction With E-Gov Sites
Federal Government Scores, December 15, 2005, American Customer Satisfaction Index (ACSI), Commentary by Professor Claes Fornell: "Since 2003, the ACSI has also measured satisfaction with Federal government websites. This year, the ACSI e-Government index rose 2.5% from 72.1 a year ago, up to a score of 73.9. Much like offline government services, there is a wide gap between the best performing government websites (two websites score 88) and the worst performing (two score 54). Furthermore, while an impressive 18% of the measured websites score 80 or better, 21% score below 70. In other words, although government websites are generally satisfying, some individual websites still have work to do to provide a satisfying experience."
Released today by the American Customer Satisfaction Index (ACSI), the current Scores for U.S. Federal Government.
Report Reveals Post 9/11 Gov't Surveillance of Americans
New York Times: Bush Secretly Lifted Some Limits on Spying in U.S. After 9/11, Officials Say, by James Risen and Eric Lichtblau: "Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials."
Press release: "The American Civil Liberties Union today expressed shock about revelations reported in the New York Times that President Bush secretly authorized the National Security Agency to eavesdrop on conversations of Americans and others in the United States. According to the report, this spying occurred without any court order and was focused on telephone and e-mail communications of "hundreds, perhaps thousands, of people inside the United States" with persons abroad. Electronic surveillance law generally prohibits non-consensual eavesdropping in the U.S. without a court order based on probable cause."
Senate Vote on Patriot Act Scheduled Tomorrow
AP: Feingold Now Has Numbers on His Side - As the only Senator voting against the Patriot Act in 2001, Feingold's consistent efforts to reform the bill have resulted in a bipartisan group now comprising over 24 Senators who are demanding reforms before reauthorizing the legislation.
Statement by Sen. Russ Feingold: "The Senate is scheduled to vote on cloture - i.e., cutting off debate -- on the Patriot Act conference report tomorrow morning. This will be the crucial vote that will decide if the Patriot Act will be renewed as is, without the responsible and moderate changes that we made in the Senate bill earlier this year, or if the conference committee will go back to the drawing board and come up with a report that makes sense and protects our individual rights."
CNN: "Roving wiretaps and the ability to peek into private medical records are among the provisions of the Patriot Act that will remain intact if the Senate follows the House lead on the bill."
Science Magazine Reviews Accuracy of Wikipedia
Following up on a series of postings included in Authority of Vast Collaborative Online Encyclopedia Questioned, please see this related article, Nature 438, 900-901 (15 December 2005), Special Report, Internet encyclopaedias go head to head, by Jim Giles: "Jimmy Wales' Wikipedia comes close to Britannica in terms of the accuracy of its science entries, a Nature investigation finds."
Related references:
Nature; Wikipedia; and Encyclopedia Britannica
Pentagon Responds to Reporting on Domestic Surveillance of Citizens
Follow-up on NBC Reports on DOD Surveillance of American Anti-War Activists, from William M. Arkin's Early Warning blog today: "The Pentagon now says that it has ordered a "review" of the collection of information about U.S. citizens, particularly those who pose no plausible terrorist threat.."
December 14, 2005
Archives Launches Enhanced Access to Archival Databases
"Our new and improved Access to Archival Databases (AAD) System is here! It will feature global free-text searching across all series and files, in addition to our standard fielded search, and easier and faster ways to find the series and files you want." Users may browse by categories that include: Genealogy/Personal History; Private Sector; Places; Wars/International Relations; and Government Spending. Browse by Subject is also available.
The World War II Army Enlistment Records are very popular with researchers.
House Votes to Approve Patriot Act Reauthorization
Yesterday, I posted a series of links detailing Congressional and advocacy groups' opposition to the reauthorization of H.R. 3199, the PATRIOT Act. Today, the House voted 251 to 174 in favor of the bill. It moves to the Senate for a floor vote on Friday. However, strong opposition promises this will be a contentious battle. And news that Senate Minority Leader Harry Reid is supporting a delay in the vote, as well as a filibuster if necessary.
President Commends House for Reauthorizing the Patriot Act
Patriot Act Compromise at a Glance
New York Times: House Renews Terror Law; Opposition in Senate
President Issues New Order on FOIA Disclosures
AP reports Bush to Ease Public Access to Information, via an Executive Order signed this afternoon. According to White House press secretary Scott McClellan's statements at the briefing today: "The order requires agencies to designate a senior official as the chief officer for Freedom of Information Act requests. They'll be responsible for agency-wide implementation of the response, or of this disclosure of information. Under the order, each agency will also be required to take a close look at their programs, identify areas in which it can do better, and then map out a plan for the agency to implement those improvements in the coming fiscal years of '06 and '07. And agencies will also designate public liaisons to serve as a second level to respond to inquiries from those who are requesting information, to assist in resolving issues after staff in those centers have done their best."
Text of Executive Order 13392: Improving Agency Disclosure of Information
As noted by EPIC, "The order does not repeal a memo issued by Attorney General Ashcroft a month after 9/11 that discouraged free release of information under the FOIA."
FOIA postings on beSpacific
Related legisation: S. 394 and H.R. 867
President Acknowledges Iraq WMD Intel Wrong
As a follow-up to Administration Presents Strategy For Victory in Iraq, today the President Discusses Iraqi Elections, Victory in the War on Terror, The Woodrow Wilson Center, Washington, D.C.: "When we made the decision to go into Iraq, many intelligence agencies around the world judged that Saddam possessed weapons of mass destruction. This judgment was shared by the intelligence agencies of governments who did not support my decision to remove Saddam. And it is true that much of the intelligence turned out to be wrong. As President, I'm responsible for the decision to go into Iraq -- and I'm also responsible for fixing what went wrong by reforming our intelligence capabilities."
Related references on WMD intelligence failures
December 13, 2005
Report Documents Continuing Government Failures in Response to Katrina
Press release: "House Democrats released a new report today outlining the failures of the Republican Congress to meet the immediate needs of families impacted by Hurricane Katrina. Americans endured unprecedented tragedy and destruction from hurricanes Katrina and Rita but the Congress has failed to provide adequate housing, education and medical services to the victims – even now more than 100 days later."
Katrina: A Failed Response and Unmet Needs; More Than Three Months Later, The Need for Immediate Aid for Survivors, Rebuilding, and Contract Integrity Remains Unmet
See also, Red Cross Chief Steps Down; Interim Successor Is Named
Industry Coalition Report Calls for Increased Gov't Action to Protect Cybersecurity
"Cyber Security Industry Alliance (CSIA), the only advocacy group dedicated to ensuring the privacy, reliability and integrity of information systems, today called on the federal government to assert greater leadership in the protection our information infrastructure in 2006. Its release of the National Agenda for Government Action on Information Security (11 pages, PDF) identifies 13 specific actions required to improve information security for consumers, industry, and governments globally. As part of the Agenda, CSIA also provides a report of the government's limited progress in information security in 2005 and releases a new Digital Confidence Index that reflects the public's lack of confidence in our nation's critical infrastructure." [Link]
FTC Enforcement For Do Not Call Violation
FTC press release: "Satellite television provider DIRECTV will pay $5,335,000 to settle FTC charges that, since October 2003, DIRECTV and companies it hired to promote DIRECTV programming have been violating the Do Not Call (DNC) provisions of the Commission’s Telemarketing Sales Rule (TSR). This is the largest civil penalty the FTC has ever announced in a case enforcing any consumer protection law."
United States of America (for the Federal Trade Commission), Plaintiff, v. DirecTV, a California Corporation; D.R.D., Inc., also doing business as Power Direct, an Ohio Corporation; Daniel R. Delfino, individually and as an officer of D.R.D., Inc.; and Nomrah Records, also doing business as Direct Activation, a Florida Corporation, Defendants, United States District Court for the Central District of California, Western Division
Diebold CEO Resigns
Press release: "Diebold, Incorporated today announced senior management changes instituted by its board of directors. Walden W. O'Dell, Diebold chairman and chief executive officer, has resigned from the company and its board of directors, effective immediately."
Related postings on Diebold
Senate Patriot Act Reauthorization Vote Scheduled For Friday?
Following up on yesterday's Bipartisan Coalition Seeks 3 Month Extension on Expiration of Patriot Act Provisions, today EPIC posted internal FBI documents obtained from a FOIA lawsuit against the DOJ, detailing government use of controversial sections of the Patriot Act scheduled for reauthorization by year's end. EPIC's requests for further documents are pending, and may take several more months to fulfill.
From EPIC: "The documents included internal e-mails (PDF) and memoranda (part 1 and part 2, both PDF) in which FBI officials expressed frustration that the Office of Intelligence Policy and Review, an internal check on FBI authority, had not approved applications for Section 215 orders, the so-called "library records" provision. A 2004 memo (PDF) refers to "recent changes" allowing the FBI to "bypass" the Office of Intelligence and Policy Review."
ACLU press release today: "The American Civil Liberties Union today called on Senators to reject a compromise agreement on legislation to reauthorize the Patriot Act and urged that body to vote against a motion for cloture. Concerns about the lack of substantive reforms to the anti-terrorism law have come from an unusual set of allies, including former Republican Congressman Bob Barr, the American Conservative Union, librarians and other moderate organizations."
Statement of U.S. Senator Russ Feingold On the Patriot Act Conference Report, December 13, 2005: "I am proud to join this bipartisan, dedicated group of advocates in calling for a Patriot Act reauthorization package that makes reasonable changes to the Patriot Act to safeguard Americans' civil liberties. In other words, a bill like the one the Senate passed by unanimous consent in July."
AP: White House Pushes Back on Patriot Act
Senator Russ Feingold's informal transcript of this afternoon's Senate debate on the Patriot Act.
December 12, 2005
Waxman Requests Removal of DIA FOIA Exemption From Defense Authorization
Press release: "Rep. Waxman asks the House and Senate Armed Forces Committees to remove a provision in the pending National Defense Authorization Act that would weaken the nation's open government laws by exempting "operational records" of the Defense Intelligence Agency from the Freedom of Information Act."
Letter to House and Senate Armed Services Committees (2 pages, PDF)
S.1042, National Defense Authorization Act for Fiscal Year 2006 (Public Print), Sec. 922. Operational Files of the Defense Intelligence Agency.
Bipartisan Coalition Seeks 3 Month Extension on Expiration of Patriot Act Provisions
Follow-up to Deal Reached on Patriot Act Reauthorization Amid Wide Disagreement, this press release today: "Senator Patrick Leahy, (D-Vt.), the ranking Democratic member of the Judiciary Committee, has forged a coalition of Republican and Democratic senators that introduced a bill Monday to extend the expiring provisions of the USA PATRIOT Act to give Congress more time to improve a proposed rewrite of the PATRIOT Act that they believe is flawed on several counts."
To Amend the USA PATRIOT Act to Extend the Sunset of Certain Provisions of that Act and the Lone Wolf Provision of the Intelligence Reform and Terrorism Prevention Act of 2004 to March 31, 2006
See also this December 11, 2005 New York Times article, At F.B.I., Frustration Over Limits on an Antiterror Law, which includes the following quote from an internal FBI email message sent in October 2003, and obtained by EPIC in a FOIA lawsuit: "While radical militant librarians kick us around, true terrorists benefit from OIPR's [Office of Intelligence Policy and Review] failure to let us use the tools given to us..."
HarperCollins Announces Plans to Digitize Books
Press release: "HarperCollins Publishers today announced they will create a digital warehouse for all of its content and will issue a Request for Proposal (RFP) this month as part of an effort to develop the necessary technical infrastructure to broadly exploit its content digitally. The plan is the first step in satisfying the demands of the marketplace, which is increasingly requiring that content be made available online and in numerous formats, while allowing the publisher to remain in control of its digital files and intellectual property."
Related postings on Google Search Program
Supreme Court to Review Texas Redistricting Case
As a follow-up to previous postings concerning voting rights violations and the 2003 Texas redistricting, today's report from Bloomberg: "The U.S. Supreme Court agreed to hear arguments that a Texas redistricting plan engineered by former U.S. House Republican Leader Tom DeLay illegally diluted minority voting rights and was so partisan it violated the Constitution."
For details, see SCOTUSblog for questions granted, case by case, using paraphrasing
UK Firm Promotes Self Destructing Text Messages
This text will self-destruct in 40 seconds - Next year self-deleting emails and photo messages too.: "Staellium UK said that its StealthText service will allow business executive dealing in sensitive information to send texts which will delete themselves from the recipient's mobile phone as soon as the person has read them."
Details
GAO Report on E-Waste Encourages Recycling
Electronic Waste: Strengthening the Role of the Federal Government in Encouraging Recycling and Reuse. GAO-06-47, November 10, 2005. Highlights
"Available estimates suggest that over 100 million computers, monitors, and televisions become obsolete each year, and this number is growing. If improperly managed, these used electronics can harm the environment and human health. Available data suggest that most used electronics are probably stored in garages, attics, or warehouses, with the potential to be recycled, reused, or disposed of in landfills, either in the United States or overseas."
Related posting from October 31, 2005, Global Computer Waste Exported to Africa
Access Restored to Unclassified Los Alamos Technical Reports and Publications
From FAS: "In 2002, the Los Alamos National Laboratory terminated public access to thousands of unclassified reports on nuclear science and technology as well as other historical and policy-related publications that had formerly been available on the Lab's web site as part of its Library Without Walls initiative. Fortunately, almost all of the withdrawn reports were acquired and preserved in the public domain by researchers Gregory Walker and Carey Sublette. The document titles are indexed in four parts." [Link]
Presentations Available from KMWorld 2005
KMWorld & Intranets 2005 — Presentation Links. Topics include: Applying KM Strategies, Cultural Issues of KM, Collaborative Environments, Strategies & Practices, Strategies & Practices, Content Integration, Making Intranets Work, Building the Intranet, and Keeping Up with Intranet Trends.
December 11, 2005
Commentaries Contrast Use of Blogs By Politicians and Scientists
New York Times: Conservative Blogs are More Effective
Nature - Science in the web age: Joint efforts: "At its best, academia is a marketplace of ideas. But many scientists are reluctant to embrace the latest web tools that would allow them to communicate their ideas in new ways, says Declan Butler."
Increased Scrutiny of Patriot Act Reauthorization Highlights Key Issue
LA Times: Was Focus of Patriot Act Debate a Dodge? - The 'library provision' took center stage, but critics say subpoena-like national security letters, widely used by the FBI, deserve greater scrutiny.
previous posting on FBI use of National Security Letters
Related article:
Must we renew the Patriot Act? by Declan McCullagh, which points to another version of the Final Conference Report (219 pages, PDF)
Canada Moves to Exercise Data Protection Guidelines With U.S.
Canada drafts proposals to shield personal data from U.S. anti-terror law, Jim Bronskill, Canadian Press, December 11, 2005: "A federal proposal would allow government departments to immediately cancel a contract with an American firm if it hands personal information about Canadians to U.S. anti-terrorism investigators."
Related links:
Canadian Internet Policy and Public Interest Clinic (CIPPIC)
Online Rights Canada Launched
Employees and the Web - A Brief Guide to Privacy
Wired: This brief, concise article, Worker Privacy: You Have None, clearly articulates relevant issues related to monitoring all aspects of employee web usage.
December 10, 2005
Online Rights Canada Launched
"Online Rights Canada (ORC) is a grassroots organization that promotes the public's interest in technology and information policy. We believe that Canadians should have a voice in copyright law, access to information, freedom from censorship, and other issues that we face in the digital world." [press release]
DOJ Staff Recommendations No Longer Possible in Voting Rights Act Cases
Following-up on my December 2, 2005 posting, DOJ Memo Determined Voting Rights Violations Resulting From Texas Redistricting, with two related articles documenting the administration response to the controversy:
from today's Washington Post, Staff Opinions Banned In Voting Rights Cases.
and a December 8 article from the Dallas Morning News, Voting-rights friction building inside Justice. According to the article article, "some critics say, Justice higher-ups have moved to rein in career Voting Rights Section staffers by ending their ability to make recommendations in those types of cases."
note that Senate Judiciary Committee Chairman Arlen Specter, R-Pa, is considering holding hearings on the Texas redistricting issue.
The Government's "Information War" In Iraq Raises Many Questions
News about administration use of propaganda is further documented in this December 10 New York Times article, Military's Information War Is Vast and Often Secretive.
Related link: Lincoln Group press release, December 2, 2005: "Lincoln Group has consistently worked with the Iraqi media to promote truthful reporting across Iraq. Our priority has always been, and continues to be, accuracy and timeliness."
New FTC Site on Energy Saving Tips for Homeowners
Saving Starts @ Home: The Insider Story on Conserving Energy, uses a graphic representing key areas in a home (trash room, garage, utility room, living room, kitchen and attic) from which you may choose to be directed for information on energy saving facts and recommendations respective to each room.
TSA's Watch List Incorrectly Targets 30,000 Citizens
Tens of thousands mistakenly matched to terrorist watch lists
Passenger Identity Verification Form, from the TSA website, with instructions for those citizens whose names incorrectly appear on the No Fly List or Selectee List.
December 09, 2005
Project Gutenberg Continues Effort to Put Books Online
From WSJ free features, Project Gutenberg Fears No Google is a Q&A with Project Gutenberg's founder, Michael Hart (the inventor of ebooks). His vision and determination are reflected in this project, which has been sustained for over three decades. The site, which currently offers over 17,000 full text books, has a million downloads per week.
National Disaster Medical System In Need of Major Improvements
Press release: "A report requested by Rep. Henry A. Waxman, Rep. Bennie G. Thompson, and Rep. Charlie Melancon finds that since 2002 (HHS Report, 96 pages, PDF), the effectiveness of the National Disaster Medical System – a key component of the nation’s emergency response capacity -- has been eroded by mismanagement, bureaucratic reshuffling, and inadequate funding. As a result, when Hurricane Katrina struck the Gulf Coast, the system was unprepared, resulting in major failures in the medical response."
Report: The Decline of the National Disaster Emergency Response System (23 pages, PDF)
DHS Report on Medical Readiness, January 3, 2005, (96 pages, PDF)
Valerie Plame Reported to Have Left CIA Job
Until today, Valerie Plame worked for the CIA's Counterproliferation Division. The investigation into which government personnel were responsible for leaking her identity remains ongoing.
Related news:
Time Reporter Testifies in Leak Case
Rove Lawyer Was Deposed Last Week by Special Prosecutor
LA Times, French Warned Against Iraq-Niger Allegation, Spy Says
Dept. of Labor's Compliance Administration Portal Adds Content and Features
The U.S. Department of Labor Compliance Assistance Homepage now "enables users to quickly and easily navigate DOL's wide range of regulatory and compliance information any time, day or night." Included are links to: Compliance E-Tools; an Updated Employment Law Guide; an online wage determinations program; and a feature to subscribe to elaws E-mail Updates.
Digital Future Project Releases New Report on Future of the Internet
The USC Annenberg School Center for the Digital Future has released the 2005 Digital Future Report ($). The report highlights are available free (19 pages, PDF), and note an increased use of the Internet for political campaigns, the continued popularity of email, and a significant expansion in the use of broadband access to the Internet.
Digital Future reports from 2000-2004
US Gov't Warned Saudis of Threat to Passenger Aircraft 3 Yrs Before 9/11
Press release: "More than three years before the 9/11 attack on the United States, U.S. officials warned Saudi Arabia that Osama bin Laden "might take the course of least resistance and turn to a civilian [aircraft] target," according to a declassified cable released by the National Security Archive today. The warning was made by the U.S. regional security officer and a civil aviation official in Riyadh based on a public threat bin Laden made against "military passenger aircraft" and his statement that "we do not differentiate between those dressed in military uniforms and civilians."
The National Security Archive also released a memo sent five days after 9/11, by CIA Director George Tenet, to his "top deputies." Now declassified, the memo is titled, We're at War.
ALA Calls for No Vote on Patriot Act Reauthorization
ALAWON: American Library Association Washington Office Newsline, Volume 14, Number 121, December 8, 2005.
"House and Senate negotiators reached an agreement on Thursday, December 08, 2005, to extend the USA PATRIOT Act. The agreement would extend for four years - until 2009-- Sec. 215 of the PATRIOT Act's -- permitting secret warrants for books, records and other items from businesses, hospitals and organizations such as libraries. No changes were made to the standards for obtaining these orders, nor for those for obtaining National Security Letters. Section 505 of the PATRIOT Act, authorizing NSLs, still has no sunset. Please let your Senators know that you are deeply disappointed that the conference committee made so few changes to the House conference report. We appreciate that the conference report would now sunset Section 215 of the PATRIOT Act in 4 years (instead of 7 years, as in the language circulated before Thanksgiving) but this change is not sufficient to protect the privacy of library users from fishing expeditions by the FBI."
CEO's Issue Report on U.S. Competitiveness
National Summit on Competitiveness, Investing In U.S. Innovation, December 6, 2005 (8 pages, PDF).
Group of Democratic Senators Requests Additional Info From Alito
Press release: "The Democratic members of the Senate Judiciary Committee sent [a] letter to Supreme Court nominee Samuel Alito seeking more information relating to his nomination to be Associate Justice. In their letter, Senators have asked Judge Alito to provide information omitted from the questionnaire, including material that is publicly available. Judge Alito submitted his questionnaire to the Committee last week."
DOJ IG Semiannual Report to Congress
DOJ's Semiannual Report to Congress: April 1, 2005 -- September 30, 2005, Report prepared by the Department of Justice's Office of the Inspector General.
HTML Version
PDF Version
December 08, 2005
NY Gov. Expands DNA Collection of Felons
Press release, December 6, 2005: "Governor George E. Pataki today announced that he has directed the Division of Criminal Justice Services to, for the first time ever, gather DNA from the broadest range of convicted criminals permitted under current law. This will result in the addition of as many as 40,000 profiles to the State’s DNA Database by the end of next year."
Report Finds Increased Use of Antispyware But Risk Still Extremely High
Press release: Phishing attacks aimed at identity theft now affect roughly one in four Americans (23%) each month, according to the second annual AOL/National Cyber Security Alliance (NCSA) Online Safety Study (11 pages, PDF). Additionally, more than two-thirds of consumers (70%) who received such scam e-mails thought they were from legitimate companies, putting them at high risk of losing sensitive personal information to identity thieves or criminals. The AOL/NCSA Online Safety Study is the largest study of its kind, sending technical experts into hundreds of typical homes to examine personal computers for known security risks and threats."
IRS Issues Proposed Regs on Disclosure of Taxpayer Info
IRS press release: "The Internal Revenue Service...issued proposed guidance on the disclosure or use of tax return information by tax return preparers. A key principle underlying the proposed guidance is that tax return preparers may not disclose or use tax return information for purposes other than tax return preparation without the knowing, informed and voluntary consent of the taxpayer."
Notice 2005-93 (16 pages, PDF)
Statement of Rep. Markey
Deal Reached on Patriot Act Reauthorization Amid Wide Disagreement
News reports this afternoon on the compromise reached by the House and Senate on Patriot Act reauthorization include the strong caveat that not all Senators are satisfied (see statements as follows, from Leahy and Feingold), and opposition continues (specifically from the so-called gang of six). Although 16 provisions will now sunset in four as opposed to seven years (including library subpoenas and roving wiretaps), the contentious debate over whether this agreement adequately protects a range of civil liberties may provoke a filibuster.
12/08/2005-Text of PATRIOT Act Conference Report (252 pages, PDF)
12/08/2005-PATRIOT Act Conference Report Section by Section Summary (28 pages, PDF)
ALA: Patriot Act Compromise Inadequate
Pelosi: 'Patriot Act Conference Report Does Not Secure Right Balance Between National Security and Civil Liberties'
December 07, 2005
GAO Reports Extensive False Data on Domain Name Registration
Internet Management: Prevalence of False Contact Information for Registered Domain Names, GAO-06-165, November 4, 2005. Highlights.
"Based on test results, GAO estimates that 2.31 million domain names (5.14 percent) have been registered with patently false data--data that appeared obviously and intentionally false without verification against any reference data--in one or more of the required contact information fields. GAO also found that 1.64 million (3.65 percent) have been registered with incomplete data in one or more of the required fields."
GAO Launches RSS Feeds
GAA now provides daily updates of reports and testimony via RSS. Just click on the orange RSS button on the front page, for further information. [JoAnna Berry, Reference and Research, Government Accountability Office]
December 06, 2005
Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 Introduced Today
The text of H.R. 4437
A section by section summary
November 17, 2005: "the House Homeland Security Committee approved comprehensive, bipartisan legislation to address security problems across U.S. borders." H.R. 4312, the Border Security and Terrorism Prevention Act of 2005. Information on the Homeland Security Committee's provisions from H.R. 4312.
Government Reform Cmte. Chair Refuses Requests to Investigate Plame Leak
"In a letter to Chairman Davis, Rep. Waxman asks the Chairman to explain his rationale (letter, 4 pages, PDF) for rejecting requests to investigate the leak of classified information involving CIA agent Valerie Plame Wilson and contract abuses at the Department of Homeland Security, while directing the Committee to look into a leak of classified information related to the Philippines and contract abuses involving the District of Columbia."
FOIA Request For Abramoff Docs. Yields No Response From Interior
Press release: "Today, Citizens for Responsibility and Ethics in Washington (CREW) sued the Department of the Interior (DOI) over its failure to provide requested documents related to Jack Abramoff and the Indian gaming scandal...In the midst of one of the largest government corruption scandals ever, the Department of Interior has decided to simply ignore federal law by failing to comply with FOIA requests [Melanie Sloan, executive director of CREW]."
CREW archive of news releases, documents and articles on the Abramoff investigation and related FOIA requests.
OCLC Report on Perceptions of Libraries and Information Resources
From OCLC:Perceptions of Libraries and Information Resources (2005) summarizes findings of an international study on information-seeking habits and preferences. "The Perceptions report provides the findings and responses from the online survey in an effort to learn more about: Library use; Awareness and use of library electronic resources; The Internet search engine, the library and the librarian; Free vs. for-fee information; The "Library" brand."
Related links:
"OCLC Research has updated its list of the top 1000 titles owned by member libraries—the intellectual works that have been judged to be worth owning by the "purchase vote" of libraries around the globe."
OCLC's research laboratory, ResearchWorks demonstrates a few of our ideas for applying new technologies to organize information."
Thom Hickey , The Future of the Library Catalog: Open, Interactive, Participatory (PowerPoint: 4.3MB/36slides), FedLink Fall Members Meeting, 9 November 2005, Library of Congress, Washington, DC.
Univ. Research Center Files FOIA Lawsuit Against OPM
Press release from TRAC, December 6, 2005: "The federal government is unlawfully withholding information it normally provides the public about some 900,000 of its civilian employees, including those working for such agencies as the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA) and the Federal Emergency Management Agency (FEMA), according to a suit filed today in the federal district of Northern New York. The lawsuit, brought by the co-directors of the Transactional Records Access Clearinghouse (TRAC) against the Office of Personnel Management (OPM), charges that the agency violated settled law by failing to provide requested information. Further, the agency didn't even explain the grounds under which it is withholding information about employees working in more than 250 federal agencies."
Full Text of District Court Complaint (PDF)
TRAC Correspondence with OPM (PDF)
December 05, 2005
Washington Post Launches U.S. Votes Database
Today the Washington Post launched a news website, The U.S. Congress Voters Database, that allows users to browse data from the 102nd Congress (1991) to the 109th Congress (present). A search engine and other features will be forthcoming. "This site offers an RSS feed for every current member of Congress, so you can get notified each time your elected officials vote." Thanks to Adrian Holovaty and Derek Willis for creating this resource.
9/11 Public Discourse Project Releases Final Report
The 9/11 Commission Report: The Unfinished Agenda: An ongoing series of public events assessing the progress of reform since the 9/11 Commission Report. December 5, 2005 - Final Report on 9/11 Commission Recommendations:
Final Report on 9/11 Commission Recommendation (PDF)
One page summary of grades (PDF)
Prepared Statement by Thomas H. Kean and Lee H. Hamilton (PDF)
Op-ed: A Formula for Disaster (PDF), Thomas H. Kean & Lee H. Hamilton, The New York Times, 12/05/05
Spear Phishing Target Specific Individual, Corporate, Gov't Data
Following up on previous postings about phishing, the New York Times yesterday published an article, Gone Spear-Phishin' detailing the extent, impact and intent of cybercriminals who launch Trojans to steal the data of individuals and corporations, for both profit and personal reasons.
See also Business Week, Phishing: Beware the Internal Revenue Scam: "The official-looking e-mails promise an income-tax refund, but they're really one more reminder to be cautious with personal info online."
December 02, 2005
Microsoft Offers App to Assist With EMail Management
Microsoft Research News and Highlights: "SNARF, the Social Network and Relationship Finder, developed by Microsoft Research and available for download, is designed to help computer users cope...with too many emails. SNARF, a complement to e-mail programs such as Outlook, filters and sorts e-mail based on the type of message and the user's history with an e-mail correspondent. The result: a collection of alternative views of your e-mail that can help you make sense of the deluge."
SNARF Help and Guide
FOIA Request For FEMA Hurricane Aid Response Records Denied
Following up on this posting, Agencies Use FOIA Exemptions in Response to Increasing Number of Requests, news that a trio of Florida newspapers owned by Gannett, Inc. who filed a FOIA request to obtain FEMA surveys comprising homeowner data on 2004 hurricane relief services, were denied the information. FEMA cited the confidentiality exemption, and the newspapers have appealed the decision.
Biodefense Bill Creates Agency Exempt From FOIA Disclosures
AP: GOP Wants to Create Secretive Gov't Agency
S. 1873 - A bill to prepare and strengthen the biodefenses of the United States against deliberate, accidental, and natural outbreaks of illness, and for other purposes. [Specific language as follows: "Information that relates to the activities, working groups, and advisory boards of the BARDA shall not be subject to disclosure under section 552 of title 5, United States Code, unless the Secretary or Director determines that such disclosure would pose no threat to national security. Such a determination shall not be subject to judicial review."]
Secrecy News: "A rapidly moving bill introduced in the Senate last week would establish a new Biomedical Advanced Research and Development Agency (BARDA) that would be categorically exempt from disclosure under the Freedom of Information Act (FOIA).
Ordinary FOIA exemptions place specific categories of information beyond the reach of FOIA. But the audacious new BARDA exemption would nullify the applicability of the FOIA to an entire agency."
Editorial, San Francisco Chronicle: Secrecy is unhealthy
CIA Leak Prosecutor Agrees to Release of Additional Court Documents
Follow up to Media Challenges Withholding Publication of Plame Investigation Documents, November 14, 2005:
New York Times, Leak Ruling Has Mystery, 8 Blank Pages
Government Response to Motion Motion of Dow Jones & Co. to Unseal Redacted Portion of the Court's Opinion(12 pages, PDF).
New York Times, In C.I.A. Leak, More Talks With Journalists
DOJ Memo Determined Voting Rights Violations Resulting From Texas Redistricting
News today about the DOJ's 2003 memo concerning the Congressional redistricting plan enacted by the Texas Legislature (Texas House Bill 3). The text of the document (73 pages, PDF), has been published by the Lone Star Project. From the document: "The State of Texas has not met its burden in showing that the proposed congressional redistricting plan does not have a discriminatory effect."
Washington Post: Justice Staff Saw Texas Districting As Illegal- Voting Rights Finding On Map Pushed by DeLay Was Overruled
Evidence of Political Manipulation at the Justice Department: How Tom DeLay's Redistricting Plan Avoided Voting Rights Act Disapproval, by Mark Posner
December 01, 2005
Calls for Investigation Into Energy CEOs' Congressional Testimony
Following up on an archive of postings on the Cheney Energy Task Force investigation, the embers of this controversy are still glowing:
Press release, November 23, 2005: "United States Senator Frank R. Lautenberg (D-NJ) today released a report(3 pages, PDF) rebutting the legal argument put forward by Senate Republicans to protect the Big Oil CEOs who denied that their companies had participated in Vice President Dick Cheney's Secret Energy Task Force. Lautenberg last week requested an investigation by the Department of Justice after the Washington Post reported on a document that contradicted the testimony given by some Big Oil CEOs at a November 9 Senate hearing. It is illegal to make false statements to Congress."
Washington Post, December 1, 2005: Top Oil Company Executives Retool Responses on Energy Task Force Roles
AP, November 30, 2005: Oil executives deny misleading Congress
Posted on the Senate Committee on Energy and Natural Resources website, the text of individual Response Letters from Oil Companies In Reply to Senate Request for Clarification
Press release, November 30, 2005, Sen. Harry Reid: "I find it deeply disturbing that energy company CEOs may have made false statements before Congress about their involvement in the secretive Cheney energy task force. Despite the Vice President's active efforts to thwart open and transparent government, Congress has the right and the responsibility to seek and obtain information from witnesses that is honest and complete."
Related research:
From the Center for Public Integrity, "Vice President Dick Cheney and his staff have been unilaterally exempting themselves from long-standing travel disclosure rules followed by the rest of the executive branch, including the Office of the President."
Letter (PDF) from then Counsel to the Vice President stating that "the reporting requirement does not apply..."
EU Report - E-Gov Sites Fail In Area of Accessibility
Press release, UK Cabinet Office, November 24, 2005: "The UK Cabinet Office...published a comprehensive report on accessibility of government online services across the European Union (EU). Highlighted examples of good practice are, Spain Social Security Administration, UK Department of Health and European Central Bank. These websites show how good design features such as clear layout, simple background with good contrast and features that are linked from the Home Page can have a significant impact on accessibility and usability. The report revealed that only 3% of the 436 online public service websites achieved a Level A rating which is considered to be the minimum standard under the W3C Web Content Accessibility Guidelines. A further 10% achieved limited level A and 17% marginal fail Level A. The remaining 70% were found to fail Level A. No websites tested reached the higher double A standard."
eAccessibility of public sector services in the European Union
W3C Web Content Accessibility Guidelines