January 31, 2006
Coalition Seeks Delay In Net Wiretapping Rules

Press release: "CDT joined with a coalition of industry and public interest groups this week to urge the Federal Communications Commission to delay its controversial Internet wiretapping rules. In comments filed with the FCC [6 pages, PDF, filed January 30, 2006], the groups requested that the commission push back the effective date of the rule requiring that that broadband Internet and interconnected voice-over Internet Protocol (VOIP) services be designed to make government wiretapping easier. CDT, which is also involved in a court challenge against the ruling, supports the delay because the FCC set a deadline for VoIP and broadband providers to modify their networks but failed to specify what modifications were required."

  • Related postings on web wiretapping

  • Related resource from Educase: CALEA (Communications Assistance for Law Enforcement Act) - This site provides a wealth of resourcs from education and library associations, as well as links to government documents.
  • Redesigned DNA.gov Offers Targeted Features and Services

    The DNA.gov initiative offers online training and resources for policy and lawmakers, officers and investigators, forensic scientists, researchers, and victim advocates.

    Permanent Link       Topic(s): E-Government
    Global Publishers Investigate Copyright and Brand Infringement By Search Engines

    Press release: "A task force of global and European publishers organizations, led by the World Association of Newspapers, has agreed to work together to examine the options open to publishers to assert their rights to recognition and recompense, and to ultimately improve the relationships between content creators/producers and news aggregators and search engines."

    National Archives Website Now Offers Daily Document Feature

    Press release: "For the first time, the National Archives website now includes a new Today's Document feature, viewable online at www.archives.gov, highlighting a specific document, record or photo from the holdings of the National Archives relating to the current day, and/or current exhibitions and programs at the National Archives. This new feature - available on the Archives.gov home page - draws from the online resources of the National Archives, including Our Documents, the Online Exhibit Hall, Teaching with Documents, and the Archival Research Catalog (ARC)."

    Microsoft Outlines Policy on Censorship of Blogs By Foreign Governments

    Press release: Microsoft Outlines Policy Framework for Dealing with Government Restrictions on Blog Content

    Permanent Link       Topic(s): Blogs, Microsoft
    EFF Sues Telecom Company for Allegedly Providing NSA With Massive Customer Database

    Press release: "The Electronic Frontier Foundation (EFF) filed a class-action lawsuit against AT&T Tuesday, accusing the telecom giant of violating the law and the privacy of its customers by collaborating with the National Security Agency (NSA) in its massive and illegal program to wiretap and data-mine Americans' communications...In the lawsuit, EFF alleges that AT&T, in addition to allowing the NSA direct access to the phone and Internet communications passing over its network, has given the government unfettered access to its over 300 terabyte "Daytona" database of caller information—one of the largest databases in the world."

  • Copy of the complaint (28 pages, PDF)


  • Related commentary, a white paper, and references:
  • Bush And His Critics Miss The Point, by Stuart Taylor Jr., National Journal, January 30, 2006

  • ACLU White Paper, January 31, 2006 - Eavesdropping 101: What Can The NSA Do?: "The NSA has gained direct access to the telecommunications infrastructure through some of America's largest companies; The agency appears to be not only targeting individuals, but also using broad "data mining" systems that allow them to intercept and evaluate the communications of millions of people within the United States."

  • Postings on domestic surveillance

  • Google Opens Washington, DC Office to Tackle Policy Issues

    Legal Times (reg. free) Google Search - Google Goes Beyond Web-Based Democracy

  • Related article, Prying Eyes, by Drew Clark, Technology Daily, January 30, 2006.

  • Related postings: Google Resists Complying With DOJ Demand For Data to Shield Trade Secrets? and Date Set for DOJ v. Google Hearing

  • Permanent Link       Topic(s): Privacy, Search Engines
    NSA Telecom Data Mining Initiative Reported to be Intel Failure

    Baltimore Sun, January 29, 2006: "A program that was supposed to help the National Security Agency pluck out electronic data crucial to the nation's safety is not up and running more than six years and $1.2 billion after it was launched, according to current and former government officials."

    Permanent Link       Topic(s): Privacy
    State Department Website Audio Stream For State of the Union in 10 Languages

    Press release: "President George W. Bush will deliver the annual State of the Union Address to a Joint Session of Congress, Tuesday, January 31, 2006. The Department of State will provide live audio streams of the State of the Union Address at 9:00 pm EST (0200 GMT) in the following languages: English, Arabic, Farsi, Bahasa Indonesian, Spanish, French, Russian. Turkish, Swahili, and Portuguese will be available at 1:00 am EST (0600 GMT) Wednesday, February 1. To access these streams, log onto www.state.gov."

  • Related resources on State of the Union Addresses
  • January 30, 2006
    Wireless Networking in the Developing World

    Press release: Wireless Networking in the Developing World - a practical guide to planning and building low-cost wireless infrastructure: "The book covers topics from basic radio physics and network design to equipment and troubleshooting. It is intended to be a comprehensive resource for technologists in the developing world, providing the critical information that they need to build networks. This includes specific examples, diagrams and calculations, which are intended to help building wireless networks without requiring access to the Internet." Available for free download (PDF).

    Permanent Link       Topic(s): Wireless Web
    Special IG for Iraq Reconstruction Delivers Report to Congress

    Office of the Special Inspector General for Iraq Reconstruction (SIGIR) January 30, 2006 Quarterly and Semiannual Report to Congress. "SIGIR audits are conducted to determine whether programs and operations funded by the Iraq Relief and Reconstruction Fund (IRRF) are being managed efficiently, effectively and economically, and if they are achieving the desired outcomes."

    Related government documents (PDF):

  • Press release: "Inspector General Report Confirms Iraq Reconstruction Still Failing - Rep. Waxman releases a fact sheet on a new report by the Special Inspector General for Iraq Reconstruction that reveals that, despite spending billions of taxpayer dollars, U.S. reconstruction efforts in key sectors of the Iraqi economy are not improving the lives of Iraqis. Iraq's electricity and oil production have actually fallen below pre-war levels, and fewer Iraqis have access to potable water now than they did before the invasion."

  • Fact Sheet on the Use of the $50 Million Appropriation to Support the Management and Reporting of the Iraq Relief and Reconstruction Fund, dated January 27, 2006

  • Challenges Faced in Carrying Out Iraq Relief and Reconstruction Fund Activites, dated January 26, 2006

  • Advocacy Group Sues DHS For Failure to Release Katrina Documents

    Press release: "Citizens for Responsibility and Ethics in Washington (CREW) today sued the US Department of Homeland Security (DHS) over its continued refusal to respond to a Freedom of Information Act (FOIA) request on Katrina-related issues."

    Related government documents:

  • Witnesses Testimony, U.S. Senate Committee on Homeland Security and Governmental Affairs, Hurricane Katrina: Urban Search and Rescue in a Catastrophe, January 30, 2006

  • AP: FEMA Acknowledges Blunders During Katrina (see testimony in link above)

  • National Climatic Data Center: Billion Dollar U.S. Weather Disasters

  • StopBadware.org Launched By Consortium

    The new StopBadware.org website, sponsored by the Berkman Center, the Oxford Internet Institute, with assistance from Consumer Reports WebWatch, ..."will seek to provide reliable, objective information about downloadable applications in order to help consumers to make better choices about what they download on to their computers. We aim to become a central clearinghouse for research on badware and the bad actors who spread it, and to become a focal point for developing collaborative, community-minded approaches to stopping badware."

    Permanent Link       Topic(s): Cybercrime, ID Theft
    New Google Beta Toolbar Allows Users to Customize Features

    Press release: "The new beta versions of Google Toolbar for Internet Explorer are open and customizable, with new features that enable users to customize their search experience and share information with friends...The new versions of Google Toolbar now offer customizable buttons, online bookmarks, enhanced search features, new sharing capabilities, and an open API. Google Toolbar for Enterprise beta also includes administration and control for business environments."

    SEC Proposed Rule on Executive Compensation and Related Party Disclosure

    SEC Proposed Rule on Executive Compensation and Related Party Disclosure, January 28, 2006 (370 pages, PDF)

  • Related reference, New York Times, January 29, 2006: The Case for Cutting the Chief's Paycheck: "Corporate America has made some progress in cleaning up its governance, but overly high compensation levels for chief executives show that much remains to be done, says Nell Minow, editor, founder and chairman of the Corporate Library, a research group based in Portland, Me."
  • FTC Releases Top 10 Consumer Fraud Complaint Categories

    Identity Theft Again Leads the List: "The Federal Trade Commission...released its annual report (77 pages, PDF) detailing consumer complaints about fraud and identity theft in 2005. Complaints about identity theft topped the list, accounting for 255,000 of more than 686,000 complaints filed with the agency in 2005. The complaints, filed online or at a toll-free number, are shared via a secure database with more than 1,400 federal, state, and local law enforcement agencies, and law enforcement and consumer protection agencies in Canada and Australia."

    House Democrats Request State of the Union Fact Checking

    In following my January 24, posting, Search Full Text Archive of State of the Union Addresses, a related government document in advance of the 2006 State of the Union address on January 31.

  • In a letter to President Bush today, ten House Democrats state, "we respectfully request your personal attention to the accuracy of the information contained within your speech. We are sure that you will agree that thorough fact-checking in preparation for this event is in the best interest of the welfare of the American people and our credibility around the world."


  • Related resources:
  • Additional government documents on the State of the Union, compiled by the Dept. of State

  • WSJ free feature January 30, 2006: Publishers Say Fact-Checking Is Too Costly

  • postings on WMD

  • Permanent Link       Topic(s): Government Documents
    January 29, 2006
    Change in Direction of the Supreme Court Result of Coordinated Planning and PR

    New York Times, January 30, 2006: Conservatives See Court Shift as Culmination: "A movement that in 1982 sought only a haven from what its members considered the prevailing liberalism of the law schools and the federal courts has become a major force in the law. And with Judge Alito's confirmation, conservatives hope they may have at last begun to shift the balance of the Supreme Court in their direction on matters like abortion rights, school prayer, the death penalty and the limits on federal power."

  • Postings on Judge Alito
  • Permanent Link       Topic(s): Courts
    Commentary on Gov't Rationale for Domestic Surveillance

    New York Times editorial, January 29, 2006, Spies, Lies and Wiretaps: "A bit over a week ago, President Bush and his men promised to provide the legal, constitutional and moral justifications for the sort of warrantless spying on Americans that has been illegal for nearly 30 years. Instead, we got the familiar mix of political spin, clumsy historical misinformation, contemptuous dismissals of civil liberties concerns, cynical attempts to paint dissents as anti-American and pro-terrorist, and a couple of big, dangerous lies."

    Related news:

  • ABC News: President Bush Has More Explaining to Do on Domestic Spy Program, GOP Sen. Chuck Hagel Says

  • Palace Revolt - They were loyal conservatives, and Bush appointees. They fought a quiet battle to rein in the president's power in the war on terror. And they paid a price for it. A NEWSWEEK investigation.

  • Postings on domestic surveillance


  • Coalition Challenges FCC Mandated Internet Wiretaps

    Follow-up to my November 24, 2005 posting, Advocacy Groups Petition FCC For Stay On Web Wiretapping Compliance, news from Declan McCullagh, News.com: "Universities, libraries and technology companies are asking a federal court to block controversial wiretap rules designed to facilitate police surveillance of the Internet."

    January 27, 2006
    Administration Defense of Domestic Spying Dominates Debate

    New York Times: Bush Presses On in Legal Defense for Wiretapping

  • "Despite the administration's arguments, many legal scholars — both conservatives and liberals — say they remain skeptical about Mr. Bush's assertion that the Constitution and a September 2001 authorization to use military force provided legal justification for wiretapping phone calls and e-mail messages on American soil without a warrant."


  • Related references:
  • A Legal Defense of Russell Tice, the Whistleblower who Revealed the President's Authorization of NSA's Warrantless Domestic Wiretapping

  • Washington Post via MSNBC, Eavesdropping bill was abandoned in 2003 - Critics say revelation undermines Bush’s claim that spy program is legal

  • AP: Q&A on Domestic Spying Program

  • Postings on domestic surveillance

  • Study of Takedown Notices Under Section 512 of DMCA

    Efficient Process or "Chilling Effects"? Takedown Notices Under Section 512 of the Digital Millennium Copyright Act, Summary Report, Jennifer M. Urban, Director, Intellectual Property Clinic, University of Southern California and Laura Quilter, Non-Resident Fellow, Samuelson Clinic, University of California, Berkeley. [Links and Law]

    Scholars Evaluate Government Regulation of Net From Global Perspective

    National boundaries have survived in the virtual world—and allowed national laws to exert control over the Internet.

    Permanent Link       Topic(s): Internet
    Searchable Database of CPT and HCPCS Medical Codes

    From askSam: "CPT and HCPCS Medical Codes, Free Searchable Version: This database contains a complete listing of CPT codes (Current Procedural Terminology) and HCPCS codes (Healthcare Common Procedure Coding System). This database is fully searchable by code, description, type or category."

    Permanent Link       Topic(s): E-Records
    Pentagon Roadmap to Propaganda Report Obtained Under FOIA

    National Security Archive: "A secret Pentagon "roadmap: on war propaganda, personally approved by Secretary of Defense Donald Rumsfeld in October 2003, calls for "boundaries" between information operations abroad and the news media at home, but provides for no such limits and claims that as long as the American public is not "targeted," any leakage of PSYOP to the American public does not matter. Obtained under the Freedom of Information Act by the National Security Archive at George Washington University and posted on the Web today, the 74-page Information Operations Roadmap admits that "information intended for foreign audiences, including public diplomacy and PSYOP, increasingly is consumed by our domestic audience and vice-versa," but argues that "the distinction between foreign and domestic audiences becomes more a question of USG [U.S. government] intent rather than information dissemination practices."

    Date Set for DOJ v. Google Hearing

    Declan McCullagh reported that Judge James Ware, US District Court, Northern District of California, has calendered Gonzales v. Google, Inc. for February 27, 2006.

    Judiciary Cmte. Democrats Request Docs. on Domestic Surveillance Prior to Hearing

    Press release: "The Democratic members of the Senate Judiciary Committee Friday sent a letter to Attorney General Alberto Gonzales seeking information relating to the Bush Administration's domestic spying program in preparation for the panel’s Feb. 6 hearing on the program's legality. The senators are seeking documents and correspondence from the days immediately following the Sept. 11, 2001, attacks. The Bush Administration has claimed it was justified in conducting an illegal and covert spying program for four years because of a resolution Congress passed in 2001 authorizing the use of military force."

    Related references:

  • Judiciary Chair Sends Questions to AG On Domestic Spying

  • Postings on domestic surveillance

  • askSam: Searchable version of the Intelligence Reform and Terrorism Prevention Act of 2004

  • Analysis of Abramoff Money Trail Traces Majority of Contributions to One Party

    Daily Prospect: "A new and extensive analysis of campaign donations from all of Jack Abramoff’s tribal clients, done by a nonpartisan research firm, shows that a great majority of contributions made by those clients went to Republicans. The analysis undercuts the claim that Abramoff directed sums to Democrats at anywhere near the same rate." [via Talking Points Memo]

  • Washington Post (reg. req'd), Most Want Bush to Disclose Abramoff Links

  • January 26, 2006
    Blogging Slowly Makes Headway on the Hill

    Congress catching on to the value of blogs

    Senators Call for Testimony on Domestic Spying From Past and Current Officials

    Additional information related to Judiciary Chair Sends Questions to AG On Domestic Spying:

  • Press release: "U.S. Senators Chuck Schumer and Russ Feingold sent a letter to Senate Judiciary Committee Chairman Arlen Specter urging him to call on more current and former high level Bush Administration officials including former Attorney General John Ashcroft, Deputy Attorneys General Jim Comey and Larry Thompson, and White House Chief of Staff Andy Card. They also said that no witnesses from the Administration should invoke executive privilege."

  • Press release: "In a letter yesterday to Senate Intelligence Committee Chairman, Pat Roberts (R-KS), all seven Democratic members of the committee requested that the Chairman hold a business meeting to vote on authorizing a committee investigation into the controversial NSA domestic surveillance program. To date, the Chairman has not committed to holding hearings on the program."

  • CBO Projects $337B Deficit in 2006

    The Budget and Economic Outlook: Fiscal Years 2007 to 2016 , January 2006 (196 pages, PDF)

    Related documents:

  • Historical Budget Data, 1962-2005 (14 pages, PDF)

  • Glossary of Budgetary and Economic Terms (15 pages, PDF)

  • Summary of today's CBO report prepared by the House Budget Committee Democratic staff (12 pages, PDF).
  • ChoicePoint Settles With FTC Over Data Security Breach

    FTC press release: "Consumer data broker ChoicePoint, Inc., which last year acknowledged that the personal financial records of more than 163,000 consumers in its database had been compromised, will pay $10 million in civil penalties and $5 million in consumer redress to settle Federal Trade Commission charges that its security and record-handling procedures violated consumers' privacy rights and federal laws. The settlement requires ChoicePoint to implement new procedures to ensure that it provides consumer reports only to legitimate businesses for lawful purposes, to establish and maintain a comprehensive information security program, and to obtain audits by an independent third-party security professional every other year until 2026."

    Related Documents:

  • United States of America (for the Federal Trade Commission) v. ChoicePoint Inc. (United States District Court for the Northern District of Georgia, Atlanta Division), FTC File No. 052-3069

  • beSpacific postings on ID theft
  • White Paper Focuses on Balancing Security Issues With Global Competitiveness

    American Association of Universities: National Defense Education and Innovation Initiative (30 pages, PDF), Meeting America's Economic and Security Issues in the 21st Century, January 2006.

  • Related bibliography: Competitiveness, Innovation, S&E Workforce, and STEM Education - Major Reports, Books and Activities

  • Related legislation: 4 Senators Introduce Bipartisan PACE Act To Boost U.S. Competitiveness in Science and Technology
  • Permanent Link       Topic(s): Knowledge Management
    CRS Report Reviews Proposed Changes to Congressional Gift and Travel Rules

    CRS Report, Congressional Gifts and Travel: Legislative Proposals for the 109th Congress, January 17, 2006 (10 pages, PDF): "It has been a decade since the House and Senate examined their rules on the acceptance of gifts and travel expenses. Press accounts of alleged excesses in privately funded congressional travel and gifts, particularly from lobbyists, have provided an impetus for proposed changes in the 109th Congress."

    Fear of Cybercrime Greater Than That of Physical Crime

    IBM press release: "More Americans anticipate falling victim to a cyber attack rather than a physical crime, reports a recent IBM survey of U.S. adults. And, despite the convenience and flexibility that online transactions offer, 37 percent of Americans will not provide credit card information online...Based on the survey, 70 percent of online shoppers will buy from a trusted Web site, while more than half of Americans are "very concerned" or "concerned" to buy from an unknown online retailer."

    Permanent Link       Topic(s): Cybercrime
    FDIC IG Audit Report on Strengthening Privacy Program

    FDIC Safeguards Over Personal Employee Information, January 2006, Report No. 06-005 (60 pages, PDF): "The FDIC has a corporate wide program for protecting personal employee information, has appointed a Chief Privacy Officer (CPO) with responsibility for privacy and data protection policy, and is making efforts to enhance its privacy program in response to legislative requirements and breaches of FDIC employee information...The objective of our review was to evaluate the FDIC’s policies, procedures, and practices for safeguarding personal employee information in hardcopy and electronic form. Additional details on our objective, scope, and methodology are provided in Appendix I of this report....We made 15 recommendations to strengthen the FDIC's privacy program."

    President Declares Domestic Spying Program "Legal"

    Press Conference of the President, January 26, 2006: "...Secondly, I said, before we do anything, I want to make sure it's legal. And so we had our lawyers look at it -- and as part of the debate, discussion with the American people as to the legality of the program. There's no doubt in my mind it is legal. And thirdly, will there be safeguards for the -- to safeguard the civil liberties of the American people? There's no doubt in my mind there are safeguards in place to make sure the program focuses on calls coming from outside the United States in, with an al Qaeda -- from a -- with a belief that there's an al Qaeda person making the call to somebody here in the States, or vice versa -- but not domestic calls. So as I stand here right now I can tell the American people the program is legal, it's designed to protect civil liberties, and it's necessary."

  • Related postings on domestic surveillance

    Related references:
  • From WSJ free features, Transcript of Bush Interview, January 26, 2006 with The Wall Street Journal's Gerald Seib, Christopher Cooper and John McKinnon (edited transcript): "...the FISA law was written in 1978, and we require a different response to an enemy. And what I said -- here, let me just give you my management style. I talked to people like General Hayden. I said: Can we do a better of job of protecting the American people within the Constitution and guaranteeing civil rights? Those were the parameters, because I want to make sure what I do, I've got the legal authority to do. So you design the program and look at all options. And this is the program they brought back to me. I'm not going to describe it to you, nor should anybody else, because all that does is tell the enemy how to adjust."

  • New York Times: Gonzales Invokes Actions of Other Presidents in Defense of U.S. Spying

  • IBM Intranet Recognized In Top Ten Survey

    IBM press release: "IBM's intranet -- known inside the company as the "w3 On Demand Workplace," -- has been selected as one of "The Year's 10 Best Intranets" by the Nielsen Norman Group, a user experience research firm that advises companies on human-centered product and service design. IBM is the only information technology company recognized in this year's report."

    Permanent Link       Topic(s): Knowledge Management
    FDIC Releases New Tool To Protect Consumers Against Online Scams

    Press release: "The Federal Deposit Insurance Corporation (FDIC) today released an on-line multimedia education tool that consumers can use to learn how to better protect their computers and themselves from identity thieves. The presentation also features actions consumers can take if their personal information has been compromised. Identity theft continues to be one of the fastest growing crimes in the United States, and has ranked as one of the top consumer concerns for the past several years. Identity theft is evolving in more complicated ways that make it harder for consumers to protect themselves, and easier for criminals to set up virtual storefronts on the Internet to sell confidential personal information."

  • Don't Be an On-line Victim: How to Guard Against Internet Thieves and Electronic Scams (Macromedia Flash Player is required to view this presentation)

  • Google Resists Complying With DOJ Demand For Data to Shield Trade Secrets?

    In a shift from previous responses to and commentary about DOJ's subpoena for Google's search data, this New York Times article, In Case About Google's Secrets, Yours Are Safe, recasts the probe with a focus on protecting corporate trade secrets, not preserving user privacy.

    Related commentary on Google:

  • Imagining the Google Future - Top experts help us plot four scenarios that show where the company's geniuses may be leading it -- and, perhaps, all of us.

  • January 25, 2006
    Survey of Cyberpreparedness By State and Local Governments

    Press release: "The National Association of State Chief Information Officers (NASCIO), which represents the chief information officers (CIOs) of the states, and the Metropolitan Information Exchange (MIX), an association of county and municipal CIOs, have released findings from a pair of surveys of state and local government cybersecurity preparedness."

  • Survey Findings (7 pages, PDF)

  • Survey Appendix (22 pages, PDF)


  • From the Democratic Staff of the House Homeland Security Committee, "an analysis which outlines several cybersecurity gaps the Department of Homeland Security has failed to address," Falling Short in Securing Cyberspace on the State and Local Level (10 pages, PDF).

    Surveillance Increasingly Woven Into Fabric of Online World

    This New York Times essay, A Growing Web of Watchers Builds a Surveillance Society, by David Shenk, offers especially cautionary insight in light of the growing public and political response to revelations about the government's domestic surveillance program.

  • After Subpoenas, Internet Searches Give Some Pause
  • Survey finds solid opposition to release of Google data to feds

  • NSA Faces Significant Challenge in Declassification of Millions of Documents

    Via FAS: "The National Security Agency has 46 million pages of historically valuable classified records more than 25 years old that are subject to automatic declassification by the end of December 2006,
    according to a new NSA declassification plan....A copy of the new NSA declassification plan was obtained under the Freedom of Information Act by researcher Mike Ravnitzky."

  • NSA/CSS Declassification Plan for Executive Order 12958, Memorandum for Deputy Under Secretary of Defense (Counterintelligence & Security), January 5, 2006
  • Study Finds Internet Expands Social Contacts

    Press release: "The internet and email expand and strengthen the social ties that people maintain in the offline world, according to a new report released today by the Pew Internet & American Life Project. One major payoff comes when people use the internet to press their social networks into action as they face major challenges. People not only socialize online, but they also incorporate the internet into their quest for information and advice as they seek help and make decisions."

  • The Strength of Internet Ties: The internet and email aid users in maintaining their social networks and provide pathways to help when people face big decisions
  • Permanent Link       Topic(s): Internet
    Judiciary Chair Sends Questions to AG On Domestic Spying

    In advance of the Senate Committee on the Judiciary hearing on Wartime Executive Power and the NSA's Surveillance Authority, February 6, 2006, the Committee's Republican Chairman, Arlen Specter, sent a letter on January 24, 2006, to Attorney General Alberto Gonzales, listing 15 questions for which he expected detailed responses. The following questions are in the letter:

  • "Why did the Executive not ask for the authority to conduct electronic surveillance when Congress passed the Patriot Act and was predisposed, to the maximum extent likely, to grant the Executive additional powers which the Executive thought necessary?"

  • "How can the Executive justify disclosure to only the so-called 'Gang of Eight' instead of the full intelligence committees" when Title V of the National Security Act of 1947 provides otherwise?

  • "Why didn't the President seek a warrant from the [FISA] Court authorizing electronic authorizing in advance the electronic surveillance"?

  • "Why did the Executive Branch not seek after-the-fact authorization from the FISA Court within the 72 hours as provided by the Act?"


  • Related references:
  • AP, Analysis: White House Tries to Spin Spying

  • AP: Gonzales Says Surveillance Entirely Legal

  • Prepared Remarks for Attorney General Alberto R. Gonzales
    at the Georgetown University Law Center, January 24, 2006

  • Postings on domestic surveillance

  • January 24, 2006
    Gov't Warned Prior to Katrina Hit Of Storm's Impact and Cost

    A 39 page report from the Department of Homeland Security's National Infrastructure Simulation and Analysis Center, titled: Fast Analysis Report (Update to Reflect Category 5 Status) to DHS 1P on Hurricane Katrina, Gulf Coast, dated August 28, 2005, provides detailed estimates of the tremendous potential consequences of the storm on civilians, public and private infrastructure, and the economy. This data was provided to the White House prior to the catastrophic impact of the hurricanes on the Gulf states.

    Related references:

  • New York Times: White House Declines to Provide Storm Papers

  • New York Times: White House Was Told Hurricane Posed Danger

  • AP: Documents Show Govt Forewarned on Katrina

  • Lieberman Says Devastation of Katrina Was Predicted "Over and Over Again"

  • Senators: White House Stalls Katrina Probe

  • White House Situation Room Put on Alert Pre-Katrina About Levee Break: Congressman Thompsom Writes the President Demanding Answers

  • Review of Best Corporate Intranets Highlights Diversity of Technology

    Jakob Nielsen's Alertbox, January 23, 2006: Ten Best Intranets of 2006. The full report is available for download ($), but the summary reviews highlights of the findings, including the global scope of the projects, the size of the companies implementing successful applications (averaging 80,000 employees), and trends in architectures, navigation, training and use of multimedia.

    Permanent Link       Topic(s): Knowledge Management
    Chronology of Gov. Docs Withheld From Public Access Continues

    A Tangled Web woven: At the CIA, what gets put up online--and what doesn't, by David E. Kaplan [via Secrecy News]:

  • "The CIA's Center for the Study of Intelligence is one of the agency's most open branches. The in-house think tank sponsors studies on how to improve intelligence collection and analysis and publishes a respected journal, Studies in Intelligence. But since 2003, at least three unclassified CSI reports--all critical of the agency--have been withheld from the CIA's website, U.S. News has learned. During that same time, the agency has placed online three other CSI reports, all of those relatively positive or neutral."

  • Related postings on government secrecy
  • Permanent Link       Topic(s): E-Government
    Trio of Reports Released By DHS on Network and Security Issues

  • Management of the DHS Wide Area Network Needs Improvement (PDF, 32 pages - 264 KB)

  • Security Weaknesses Increase Risks to Critical DHS Databases (Redacted) (PDF, 36 pages)

  • US-VISIT System Security Management Needs Strengthening (Redacted) (PDF, 47 pages)
  • New Search Capabilities Added to FirstGov Portal

    "FirstGov.gov, in concert with private sector partners Vivísimo, Inc., and the Microsoft Corp., has launched the government's most powerful search engine, one that:

  • Vastly expands the search to include federal, state, local tribal and territorial documents;

  • Increases the universe of government documents from 8 million to 40 million;

  • Searches more efficiently and effectively by leveraging the powerful Microsoft MSN search index which returns relevant results through sophisticated algorithms;

  • Leverages Vivisimo's metasearching technology which is unique in government;

  • Uses clustering technology to organize thousands of search results into categories to help citizens locate government information;

  • Gives citizens search results they can trust by providing only official U.S. government information;

  • Costs taxpayers $1.8 million, about half of current search services, generating savings that can be reinvested into further enhancements;

  • Allows user to determine the relevancy of an individual result before leaving the search page through the preview function;

  • Provides enhanced search on kids.gov, espanol.gov and consumeraction.gov;
  • Creates a more citizen-centric government, fulfilling President Bush's pledge."


  • Related references:
  • GSA launches upgraded FirstGov search engine

  • postings on e-government

  • OpenCRS Site A Resounding Success

    From CDT: "Less than a year after the Center for Democracy & Technology made Congressional Research Service (CRS) reports freely available to the public, members of the Internet community have responded by downloading more than 1 million of the informative documents from OpenCRS.com. CDT launched OpenCRS.com in June as a way to provide citizens access to an important taxpayer-funded resource that was previously inaccessible to many ordinary citizens."

  • Related postings on CRS reports.

  • January 23, 2006
    Bill to Prohibit Sale of Cell Phone Records Gains Momentum

    Additional information and commentary related to January 18, 2006 posting, Legislation Seeks to Prohibit Sale of Cell Phone Records. The legislation referenced, the Consumer Telephone Records Protection Act of 2006 is S. 2178 (PDF). Commentary on the legislation by Anita Ramastry, It's Time for Congress to Prohibit and Criminally Punish the Sale of our Cell Phone Records: "Pretexting" for Phone Numbers is a Serious Privacy Violation.

    Value of KM for NASA Operations Detailed in GAO Report

    NASA: Implementing a Knowledge-Based Acquisition Framework Could Lead to Better Investment Decisions and Project Outcomes. GAO-06-218, December 21, 2005. Highlights.

  • "A standardized, knowledge-based approach would prepare NASA to face competing budgetary priorities and better position the agency to make difficult decisions regarding the investment in and termination of projects."

  • CRS Reports on Congressional Oversight and Protection of Classified Info

    Following up with reports related to January 17, 2006 posting, Comparison of Congressional Oversight During Clinton and Bush Administrations, Secrecy News has posted two CRS reports as follows:

  • Congressional Oversight, updated January 3, 2006 (6 pages, PDF)

  • Protection of Classified Information by Congress: Practices and
    Proposals, updated January 11, 2006 (6 pages, PDF)
  • Sharing Justice Information Toolkit Released

    From The Center for Technology in Government (CTG), University at Albany - Sharing Justice Information: A Capability Assessment Toolkit, November 2005, by Anthony M. Cresswell, Theresa A. Pardo, Donna S. Canestraro, Sharon S. Dawes, and Dubravka Juraga (116 pages, PDF)

  • "This toolkit is designed for justice professionals to use when considering or planning for a justice information-sharing initiative. It provides a process for assessing where capability for informationsharing exists and where it must be developed in order to achieve public safety goals. Assessment results provide a basis for action planning to fill capability gaps both within and across organizations."
  • DOE's New Website Offers Features for Consumers and States

    The Dept. of Energy website has undergone a significant redesign both on the back and frontend. The news site uses a Google search appliance; it employs a content management system; users may choose to view resources and links from a drop-down menu listing each state; and Quick Links target information for Consumers, Researchers, Educators, Students & Kids. [thanks to Peggy Garvin]

    Permanent Link       Topic(s): E-Government
    Committee on the Present Danger Issues Policy Paper on Iran

    Commitee on the Present Danger Calls for Regime Change in Iran, January 23, 2006.

  • New Iran Policy Paper
  • Permanent Link       Topic(s): Internet
    Recognition for the Value and Role of Business Intelligence

    Business Intelligence: Not Just for Bosses Anymore: "Business intelligence has long been about spitting out data—often irrelevant and outdated—to a few big bosses. But today's BI is both more meaningful and more egalitarian. And it requires ever tighter alignment between IT and the business."

    Permanent Link       Topic(s): Legal Research, Marketing
    Draft Legislation - Digital Content Protection Act of 2006

    Senate Draft of the Digital Content Protection Act of 2006

    Administration Defense of Domestic Surveillance Program Escalates

    Notable articles today:

  • New York Times: Delicate Dance for Bush in Depicting Spy Program as Asset

  • Washington Post (reg. req'd) Bush Defends Domestic Spying - Deputy National Intelligence Chief Says Program is Targeted on Al Qaeda

  • President Discusses Global War on Terror at Kansas State University, January 23, 2006: "This is a -- I repeat to you, even though you hear words, "domestic spying," these are not phone calls within the United States. It's a phone call of an al Qaeda, known al Qaeda suspect, making a phone call into the United States. I'm mindful of your civil liberties, and so I had all kinds of lawyers review the process. We briefed members of the United States Congress, one of whom was Senator Pat Roberts, about this program. You know, it's amazing, when people say to me, well, he was just breaking the law -- if I wanted to break the law, why was I briefing Congress?"

  • Former NSA head defends domestic surveillance: General Michael V. Hayden, the Principal Deputy Director of National Intelligence, (and former National Security Agency Director "...acknowledged that the program established a lower legal standard to eavesdrop on terror-related communications than a surveillance law implemented in 1978." [General Hayden spoke today at the National Press Club on the NSA Monitoring Controversy]


  • Related sources:
  • Village Voice: NSA whistle-blower wants to tell congress, but they don't have clearance to hear

  • Postings on domestic surveillance

  • USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199): A Legal Analysis of the Conference Bill, January 17, 2006 (72 pages, PDF)

  • The Nation, "What the President Ordered in This Case Was a Crime"

  • Better Protections Needed for Social Security Numbers Used By Gov't Contractors

    Social Security Numbers: Stronger Protections Needed When Contractors Have Access to SSNs GAO-06-238, January 23, 2006. Highlights.

  • "Federal regulation and oversight of SSN sharing varied across the four industries GAO reviewed, revealing gaps in federal law and agency oversight in the four industries GAO reviewed that share SSNs with contractors. Financial services companies must comply with the Gramm-Leach-Bliley Act (GLBA) for safeguarding customers' personal information and regulators have an examination process in place to determine whether banks and securities firms are safeguarding this information. IRS has regulations and guidance in place to restrict the disclosure of SSNs by tax preparers and their contractors, but does not perform periodic reviews of tax preparers' compliance. Because the Federal Communications Commission (FCC) believes that it lacks statutory authority to do so, it has not issued regulations covering SSNs and also does not periodically review telecommunications companies to determine whether they are safeguarding such information."

  • Searchable Version of the Copyright Law of the U.S.

    From askSam, "Search and analyze the full text of the Copyright Law of the United States of America & related laws contained in Title 17 of the United States Code."

    Libby Request for Classified Docs. Triggers More Secrecy

    In following this January 20, 2006 posting, Libby Defense Seeks to Widen Document Access in Plame CIA Leak Case, a report by AP today, Libby Wants to Use Classified Evidence: "Their action puts the Libby case on a dual track - one public, the other secret - that often can delay criminal cases from going to trial."

    January 22, 2006
    90% of Net Users Send and Receive Email

    Pew Internet & American Life Project press release, January 22, 2006: "Internet access is the norm for most Americans, up to age 70, and all age cohorts of internet users (ages 12 and older) are equally likely to use email; about 90% of all internet users send or receive email. Given the many other variations in internet use among different age groups, it is notable that this basic communications tool is almost universally used. Internet users ages 12 to 28 years old have embraced the online applications that enable communicative, creative, and social uses. Teens and Generation Y (age 18-28) are significantly more likely than older users to send and receive instant messages, play online games, create blogs, download music, and search for school information."

  • Data Memo, Generations Online (6 pages, PDF)
  • Permanent Link       Topic(s): Internet
    Questions About NSA Surveillance From the Not So Distant Past

    Statement for the Record of NSA Director Lt Gen Michael V. Hayden, USAF, House Permanet Select Committee on Intelligence, 12 April 2000:

  • "In performing our mission, NSA constantly deals with information that must remain confidential so that we can continue to collect foreign intelligence information on various subjects that are of vital interest to the nation. Intelligence functions are of necessity conducted in secret, yet the principles of our democracy require an informed populace and public debate on national issues. The American people must be confident that the power they have entrusted to us is not being, and will not be, abused. These opposing principles--secrecy on one hand, and open debate on the other--can be reconciled successfully through rigorous oversight. The current oversight framework reconciles these principles. It serves as a needed check on what otherwise has the potential to be an intrusive system. The regulatory and oversight structure, in place now for nearly a quarter of a century, has ensured that the imperatives of national security are balanced with democratic values. Mr. Chairman, this is a complex and difficult issue, one that involves an intricate mix of technical and legal nuance. In the end, however, the concerns expressed about NSA’s capabilities strike at very basic desires on the part of our citizens to be secure in their homes, in their persons, and in their communications. My appearance here today is as the Director of NSA. But I’m also here as a citizen who believes that the careful and continuing oversight of NSA -- at many levels, internal and external -- represents a commitment to striking a balance between the government's need for information against the privacy rights of U.S. persons that my fellow citizens and their elected representatives can endorse. I can assure you, Mr. Chairman, and all our citizens, that I consider the maintenance of that balance one of my highest priorities, as do the other men and women of NSA." [emphasis added]

  • See also this related PowerPoint presentationprovided as documention during the hearing referenced above. [links via cryptome]

  • Related postings on domestic surveillance
  • Is It Time for E-Books Yet?

    Earlier this month I posted New Generation E-Book Reader May Find Market Niche, and in related news, from WJS free features, A Hundred Books in Your Pocket.

    90% of Net Users Send and Receive Email

    Pew Internet & American Life Project press release, January 22, 2006: "Internet access is the norm for most Americans, up to age 70, and all age cohorts of internet users (ages 12 and older) are equally likely to use email; about 90% of all internet users send or receive email. Given the many other variations in internet use among different age groups, it is notable that this basic communications tool is almost universally used. Internet users ages 12 to 28 years old have embraced the online applications that enable communicative, creative, and social uses. Teens and Generation Y (age 18-28) are significantly more likely than older users to send and receive instant messages, play online games, create blogs, download music, and search for school information."

  • Data Memo, Generations Online (6 pages, PDF)
  • Permanent Link       Topic(s): Blogs, E-Mail, Internet
    Commentary on Government Search Engine Data Collection Highlights Privacy Issues

    Commentary related to postings this past week, Google Fights DOJ Order to Produce Records of Database Searches and MSN Blog Post Explains Search Data Provided to DOJ, focuses on the privacy issues that dominate this probe, rather than the government's contention that the effort revolves around protecting children who use the Internet.

    See the following articles and news that widen the scope of the discussion and provide additional relevant facts:

  • Washington Post (reg. req'd), Forgot What You Searched For? Google Didn't: "..the request -- and Google's refusal to fork over its search data -- is putting a helpful public spotlight on the vast amount of personal information being stored, parsed and who knows what else by the Web services we increasingly rely on to manage our lives."

  • CBS News.com: Internet Privacy Out Of Our Hands

  • Newsweek: The government is demanding millions of your queries. AOL, Yahoo and Microsoft have coughed up. Google is resisting: "Though the government intends to use these data specifically for its COPA-related test, it's possible that the information could lead to further investigations and, perhaps, subpoenas to find out who was doing the searching."

  • NPR: Google Fights Request to Turn Over Search Records

  • Boston.com: Google subpoena roils the Web - US effort raises privacy issues

  • TechWeb: Search Engines' Trustworthiness Shaken By Government Data Gathering

  • Scope of Domestic Surveillance Included Peaceful Demonstrations

    The Other Big Brother - The Pentagon has its own domestic spying program. Even its leaders say the outfit may have gone too far, By Michael Isikoff, Newsweek, January 30, 2006.

    Permanent Link       Topic(s): Civil Liberties
    January 21, 2006
    Union Members in 2005

    Bureau of Labor Statistics press release: "Nearly 15.7 million wage and salary workers were union members in 2005."

  • Table of Contents, Union Membership (Annual) 01/20/2006
  • Permanent Link       Topic(s): Government Documents
    Declassified State Dept. Analysis on Niger Uranium and Iraq

    Press release: "Judicial Watch, the public interest group that fights government corruption, today released a declassified "Secret/NOFORN" State Department intelligence analysis cable, dated March 4, 2002, from the Bureau of Intelligence and Research, Office of Analysis for Africa. The analysis, entitled, "Niger-Iraq: Sale of Niger Uranium to Iraq Unlikely," (5 pages, PDF) was part of a larger analysis document for the week of February 25 – March 3, 2002, approximately ten months prior to President Bush’s 2003 State of the Union address, where he claimed Iraqi leadership attempted to obtain uranium from Niger, and one year before the war in Iraq was initiated."

    Permanent Link       Topic(s): Government Documents
    Legislation Forthcoming to Strengthen Consumers' Internet Privacy

    Google's Infinite Database Under Scrutiny, press release, January 20, 2006: "Representative Edward J. Markey (D-MA), the ranking Democrat on the Telecommunications subcommittee of the House Energy and Commerce Committee...announced his plans to introduce a bill to strengthen consumers' Internet privacy. When Congress returns, Rep. Markey will introduce legislation to prohibit the storage of personally identifiable information derived from a consumer's Internet use in data bases such as Google’s or Yahoo’s beyond a reasonable period of time. After that time, the information must be destroyed."

  • Related reference: Google Fights DOJ Order to Produce Records of Database Searches

  • MSN Blog Post Explains Search Data Provided to DOJ

    Following up on the news this week, Google Fights DOJ Order to Produce Records of Database Searches, this related posting Privacy and MSN Search states the the facts as follows:

  • "Over the summer we were subpoenaed by the DOJ regarding a lawsuit. The subpoena requested that we produce data from our search service. We worked hard to scope the request to something that would be consistent with this principle. The applicable parties to the case received this data, and the parties agreed that the information specific to this case would remain confidential. Specifically, we produced a random sample of pages from our index and some aggregated query logs that listed queries and how often they occurred. Absolutely no personal data was involved."

  • Legislative reference: Child Online Protection Act
  • Registry of U.S. Government Publication Digitization Projects

    Registry of U.S. Government Publication Digitization Projects: "The Registry contains records for projects that include digitized copies of publications originating from the U.S. Government. The projects may or may not be Federally funded. They are from libraries, government agencies, or other non-profit institutions."

  • Search the Registry

  • Browse the registry

  • If you have questions or comments, please use the GPO online help service.
  • January 20, 2006
    Libby Defense Seeks to Widen Document Access in Plame CIA Leak Case

    Following up on previous posting on the Plame CIA leak case, New York Times reports that Lawyers in C.I.A. Leak Case Seek to Subpoena Journalists.

    Conyers Holds Unofficial House Judiciary Cmte. Hearing in Basement - Again

    No, not the Basement Tapes, but the second Basement Hearings [the first hearing was held on June 16, 2005.]

    Judiciary Democratic Congressional Briefing "Constitution in Crisis: Domestic Surveillance and Executive Power" January 20, 2006.

  • From the Prepared Statement of Congressman John Conyers, Jr., January 20, 2006, Democratic Hearing on Domestic Surveillance: "There can be no doubt that today we are in a constitutional crisis that threatens the system of checks and balances that has preserved our fundamental freedoms for more than 200 years. There is no better illustration of that crisis than the fact that the president is openly violating our nation's laws by authorizing the NSA to engage in warrantless surveillance of U.S. citizens. The Bush Administration offers two arguments to justify their actions. First, they assert, that warrantless searches were authorized by the Afghanistan use of force resolution. Second, they say, the Constitution permits and even mandates such actions. To this member and indeed to most of our nations legal community, neither argument is remotely plausible or credible, and nothing in their 42 page legal analysis establishes anything to the contrary."

  • Related postings on domestic surveillance
  • Senate Resolution Clarifies No Congressional Authorization for Warrantless Wiretaps

    Press release: "Senator Patrick Leahy, D-Vt., on Friday introduced a resolution setting the record straight that Congress did not authorize President Bush's illegal spying program when it passed a 2001 resolution governing the use of military force in the war on terror."

  • Text of S. Res.__,...the Authorization of Use of Military Force Does Not Authorize Warrantless Domestic Surveillance of United States Citizens (PDF)

  • Related postings on domestic surveillance
  • Guide to Website Reliability

    Beyond Algorithms: A Librarian's Guide to Finding Web Sites You Can Trust, by Karen G. Schneider, a librarian and writer, who is Director of Librarians' Internet Index (LII).

    FBI Cybercrime Survey Reports $65 Billion Lost in 2005

    New 2005 FBI Computer Crime Survey (19 pages, PDF). "The survey, developed and analyzed with the help of leading public and private authorities on cyber security, is based on responses from a cross-section of more than 2,000 public and private organizations in four states."

    January 19, 2006
    New on LLRX.com

    The January 15, 2006 issue of LLRX.com includes the following articles:

  • Deep Web Research Research 2006, by Marcus P. Zillman

  • The Google Library Project: The Copyright Debate, by Jonathan Band

  • Researching Laws and Information on Nutritional and Dietary Supplements On the Web, by Joel Rothman

  • Election Law @ Moritz, by Sara Sampson

  • Adobe's Macromedia Studio 8 -- What's New in the Upgrade? by Roger V. Skalbeck

  • E-Discovery Update - by Fios Inc.: Cost Savings With New Federal Rules of Civil Procedure for e-Discovery? by Mary Mack

  • CongressLine by GalleryWatch.com: Floor Fight, by Will Hall and Dan Peake

  • The Government Domain: News Roundup, by Peggy Garvin

  • Faulkner's Practical Web Strategies for Attorneys: New Year's Resolution - Update Your Website, by Frederick L. Faulkner IV

  • The Tao of Law Librarianship: Do-It-Yourself Professional Development, by Connie Crosby

  • FOIA Facts: Bush Orders FOIA Executive Officers, by Scott A. Hodes

  • National Election Archive Project Report on 2004 Ohio Exit Poll Data

    The Gun is Smoking - 2004 Ohio Precinct-Level Exit Poll Data Show Virtually Irrefutable Evidence of Vote Miscount (31 pages, PDF)

    Permanent Link       Topic(s): E-Government
    10 Year Plus Investigation Into Cisneros Ends, With $21 Million Pricetag

    January 18, 2006: "Rep. Waxman asks Independent Counsel David M. Barrett for an explanation regarding why his office has been renting 11,500 square feet for only five full-time employees and other new details GAO recently provided on Mr. Barrett's expenditures. To date, his ten-and-a-half year investigation of former HUD Secretary Henry Cisneros has cost the taxpayer over $21 million."

  • Letter to David M. Barrett

  • Fact Sheet on Barrett's Report

  • GAO Letter on Barrett Expenditures

  • Office of Independent Counsel David M. Barrett - Final Report of the Independent Counsel In Re: Henry G. Cisneros
  • Maine First With E-Waste Recycling Law

    Press release, National Resources Council of Maine: Maine's First-In-The-Nation Law Requiring Manufacturers to Pay to Recycle Electronic Waste Goes Into Effect

  • "Today Maine launched the first manufacturer-funded program in the nation designed to capture hazardous electronic waste for safe disposal and recycling. Under the law enacted in 2004, beginning January 18, municipalities will send waste computer and television monitors to consolidation centers that are fully-funded by manufacturers. The manufacturers also pay to safely ship and recycle the electronic waste according to Maine’s environmentally sound recycling guidelines."

  • Links to Maine's e-waste laws

  • Related postings on e-waste
  • EPIC Sues DOJ for Domestic Surveillance Documents

    Press release: "Today EPIC filed a Freedom of Information Act lawsuit (PDF) against the Department of Justice, asking a federal court to order the disclosure of information about the Administration's warrantless domestic surveillance program within 20 days. The Justice Department has played a key role in authorizing, implementing and overseeing the National Security Agency's domestic surveillance activities. EPIC argues in its court papers (PDF) that the debate surrounding the program "cannot be based solely upon information that the Administration voluntarily chooses to disseminate."

  • Related postings on domestic surveillance
  • DOJ Defends Legal Authority For NSA Domestic Surveillance

    As reported by the New York Times: Administration Lays Out Legal Case for Wiretapping Program, which references the following report:

  • a 42 page DOJ paper, in unclassified form (PDF), titled Legal Authorities Supporting the Activities of the National Security Agency Described by the President, released January 19, 2006. There is also a one page preface letter by AG Gonzales that accompanies the report, addressed to Sen. Frist, and cc'd to Sen. Reid. It states in part "...these NSA activities are lawful in all respects."

    "The NSA activities are supported by the President's well-recognized inherent constitutional authority as Commander in Chief and sole organ for the Nation in foreign affairs to conduct warrantless surveillance of enemy forces for intelligence purposes to detect and disrupt armed attacks on the United States. The President has the chief responsibility under the Constitution to protect America from attack, and the Constitution gives the President the authority necessary to fulfill that solemn responsibility. The President has made clear that he will exercise all authority available to him, consistent with the Constitution, to protect the people of the United States...In sum, the NSA activities are consistent with the Fourth Amendment because the warrant requirement does not apply in these circumstances, which involve both "special needs" beyond the need for ordinary law enforcement and the inherent authority of the President to conduct warrantless electronic surveillance to obtain foreign intelligence to protect our Nation from foreign armed attack. The touchstone of the Fourth Amendment is reasonableness, and the NSA activities are certainly reasonable, particularly taking into account the nature of the threat the Nation faces."

  • Related postings on domestic suveillance

  • Posting by Rep. John Conyers: "Tomorrow, I will be holding a hearing/briefing on Bush's warrantless domestic spying program. The hearing will commence at 11 am ET, and will be broadcast live on C-SPAN, Radio Pacifica, and ABC Radio. It will also be covered by CNN, the New York Times, and many bloggers. This is particularly timely since the DOJ today issued a 42 page rant that again attempts to defend the indefensible - spying on Americans without court approval."
  • Google Fights DOJ Order to Produce Records of Database Searches

  • MercuryNews.com, Feds after Google data: "The Mountain View-based search and advertising giant opposes releasing the information on a variety of grounds, saying it would violate the privacy rights of its users and reveal company trade secrets, according to court documents.
    Nicole Wong, an associate general counsel for Google, said the company will fight the government's effort 'vigorously'."

  • Legislative reference: Child Online Protection Act

  • AP, Google, U.S. Clash Over Online Searches: "The government wants a list all requests entered into Google's search engine during an unspecified single week - a breakdown that could conceivably span tens of millions of queries. In addition, it seeks 1 million randomly selected Web addresses from various Google databases."

  • Copy of subpoena and correspondece between DOJ and Google (32 pages, PDF): "In an attempt to learn more about computer users searching for p*rn*graphy on the internet, the U.S. government filed a motion in federal court in California seeking to compel Google to to turn over "a multi-stage random sample of one million URL's" from Google's database, and a computer file with "the text of each search string entered onto Google’s search engine over a one-week period."

  • EFF Applauds Google Resistance to Government Subpoena - But Broader Privacy Concerns Remain

  • January 19, 2006 - Fighting Internet-based Obscenity and Child P*rn*graphy - James H. Burrus, Deputy Assistant Director, Criminal Investigative Division, FBI, Before the Senate Committee on Commerce, Science and Transportation. Links to all testimony and opening remarks from the hearing today.


  • Related news on compliance by MSN, AOL and Yahoo, to similar DOJ subpoenas for data:
  • Reported by Declan McCullagh, "Federal prosecutors preparing to defend a controversial Internet p*rn*graphy law in court have asked Google, Microsoft, Yahoo and America Online to hand over millions of search records--a request that Google is adamantly denying." Note that this article also has links to PDF versions of the legal documents related to the ongoing DOJ v. Google matter.


  • January 18, 2006
    Three New Columns Offer Range of Valuable Resources to LLRX.com Readers

    I am delighted to announce the addition of three new columns on LLRX.com, authored by leading professionals from different spheres of our community.

  • Law librarian and blogger Connie Crosby writes about The Tao of Law Librarianship, the second installment of which is titled Do-It-Yourself Professional Development.

  • Faulkner's Practical Web Strategies for Attorneys, by Frederick L. Faulkner IV, is a monthly review of technologies, strategies, and techniques that can help you and your firm take advantage of the Web. Fred is the Web Manager for the American Bar Association.

  • E-Discovery Update - by Fios Inc., is a particularly timely resource that will be the collective work of a rotating group of electronic data compliance experts. This column will be of special interest to attorneys, IT and litigation support professionals.
  • Limited Congressional Briefings on NSA Spying "Inconsistent With the Law" Says CRS Memo

    On January 4, 2006, Congresswoman Jane Harman (D-CA) sent a letter to President Bush stating that "... the practice of briefing only certain Members of the intelligence committees [on NSA programs] violates the specific requirements of the National Security Act of 1947." A New York Times article published on January 19, 2006 discusses a January 18, 2006 CRS memorandum [titled, Statutory Procedures Under Which Congress Is To Be Informed of U.S. Intelligence Activities, Including Covert Actions], addressing Rep. Harman's position which addresses the issue of NSA briefings limited to the so called "Gang-of-Eight" [which includes the Speaker and Minority Leader of the House, the Majority and Minority Leaders of the Senate and the Chairmen and Ranking Members of the congressional intelligence committees] as follows: "If the NSA surveillance program were to considered an intelligence collection program, limiting congressional notification of the NSA program to the Gang of Eight, which some Members who were briefed about the program contend, would appear to be inconsistent with the law, which requires that the "congressional intelligence committees be kept fully and currently informed of all intelligence activities," other than those involving covert actions." [Note: this is the second CRS report released in the course of this month that questions the legal authority of warrantless wiretaps. The first one is here. These reports are nonpartisan, and are authored by experts in respective fields.]

  • Related postings on domestic surveillance
  • Democratic Leaders Request Bush Disclosure of Ties to Abramoff

    In a January 17, 2006 letter, Senate Democratic Leader Harry Reid, Assistant Senate Democratic Leader Richard Durbin, Senate Democratic Campaign Committee Chairman Charles Schumer and Senate Democratic Conference Secretary Debbie Stabenow requested that President Bush "...make public as soon as possible an accounting of Mr. Abramoff's personal contacts with Bush Administration officials and the official acts that may have been undertaken at his request."

  • Related postings on Abramoff indictment

  • National Report Card on the State of Emergency Medicine

    National Report Card on the State of Emergency Medicine: "The National Report Card on the State of Emergency Medicine assesses the support that each state and the District of Columbia provides for their emergency care systems. A wake-up call for policymakers, the report underscores the challenges facing patients who need emergency care and recognizes efforts to address these needs. This report should motivate state and national policy support for improving emergency care systems."

    Permanent Link       Topic(s): Government Documents
    LC Country Profiles

    Country Profiles: "This series of profiles of foreign nations is part of the Country Studies Program, formerly the Army Area Handbook Program. The profiles offer brief, summarized information on a country's historical background, geography, society, economy, transportation and telecommunications, government and politics, and national security. In addition to being featured in the front matter of published Country Studies, they are now being prepared as stand-alone reference aides for all countries in the series, as well as for a number of additional countries of interest. The profiles offer reasonably current country information independent of the existence of a recently published Country Study and will be updated annually or more frequently as events warrant."

    Permanent Link       Topic(s): Legal Research
    National Archivist Answers Questions Online

    Allen Weinstein, Archivist of the United States, hosted Ask the White House yesterday.

    Permanent Link       Topic(s): Government Documents
    Iraq Reconstruction Funds Still Unaccounted For

    WSJ free feature: Some Iraq Rebuilding Funds Go Untraced - Investigators Have Yet to Pursue U.S. Contracting Money That May Be Missing: "More than 18 months after the Pentagon disbanded the Coalition Provisional Authority that ran Iraq, neither the Justice Department nor a special inspector general has moved to recover large sums suspected of disappearing through fraud and price gouging in reconstruction."

    Permanent Link       Topic(s): Government Documents
    House and Senate Democrats Sponsor Honest Leadership & Open Government Act

    Honest Leadership & Open Government Act: "The Act will reinvigorate Congressional ethics rules and institute broad-based lobbying reforms to ensure that the representatives of the people are operating in the peopl'’s interest, not the special interests." [press release from House Democratic Leader Pelosi]

    Permanent Link       Topic(s): Congress, Legislation
    Legislation Seeks to Prohibit Sale of Cell Phone Records

    Follow-up to yesterday's posting, Stronger Safeguards Sought As Cell Records Sold on Web - two related press releases on new legislation to protect the privacy of cell phone logs which are available for sale online.

  • press release: "Today U.S. Senator Charles E. Schumer introduced legislation to combat the growing black market of cell phone call logs stolen and sold by criminals. The bipartisan Consumer Telephone Records Protection Act of 2006, is being introduced with Senators Arlen Specter (R-PA) and Bill Nelson (D-FL), and it will criminalize the practice of both stealing and selling these records for cell phone, landline and voice over Internet protocol (VOIP) subscribers...

  • press release: "U.S. Senator Dick Durbin (D-IL) today introduced legislation to prohibit the sale, fraudulent transfer or use of cellular telephone records. Durbin's bill would make it illegal to transfer personal information from cell phone companies to online brokers and the legislation provides tough criminal penalties, including up to 10 years in prison, for those found guilty of violating phone users' privacy...The fraudulent acquisition of records needs to be punishable as a true criminal offense, subject to jail time and fines. The sale and transfer of this information needs to be clearly prohibited by law."
  • January 17, 2006
    Comparison of Congressional Oversight During Clinton and Bush Administrations

    "In a pair of new reports, Rep. Henry A. Waxman examines the failure of the Republican-controlled Congress to investigate wrongdoing by the Bush Administration and the very different approach toward oversight taken by the Republican-controlled Congress during the Clinton Administration. An additional report released in 2001 documents numerous examples of allegations against the Clinton Administration that Republican investigators pursued and ultimately failed to substantiate."

  • Congressional Oversight of the Bush Administration - "This report identifies 15 key oversight issues involving President Bush and his administration that Congress has failed to investigate." (22 pages, PDF)

  • Congressional Oversight of the Clinton Administration - "Over $35 million was spent on congressional investigations of the Clinton administration. When combined with the costs of investigations by independent counsels, the total amount of taxpayer funds expended on investigating President Clinton and his Administration exceeded $150 million." (10 pages, PDF)

  • 2001 Report on Unsubstantiated Allegations of Wrongdoing Against the Clinton Administration (27 pages, PDF)
  • Oversight Reports on Hurricane Katrina Recovery

  • Memorandum for the Record: GSA OIG Biweekly Reporting on Hurricane Oversight, released 01/10/2006

  • PCIE and ECIE - Oversight of Gulf Coast Hurricane Recovery, A 90-Day Progress Report to Congress, December 30, 2005 (PDF, 141 pages), released 01/13/2006

  • Hurricane Relief Oversight
  • Permanent Link       Topic(s): Government Documents
    Users Evaluate Websites in Blink of An Eye

    Attention web designers: You have 50 milliseconds to make a good first impression! Authors: Lindgaard, Gitte, Fernandes, Gary, Dudek, Cathy, Browñ, J. - Behaviour and Information Technology, Volume 25, Number 2, Number 2/March-April 2006, pp. 115-126(12)

  • Abstract: "Three studies were conducted to ascertain how quickly people form an opinion about web page visual appeal. In the first study, participants twice rated the visual appeal of web homepages presented for 500 ms each. The second study replicated the first, but participants also rated each web page on seven specific design dimensions. Visual appeal was found to be closely related to most of these. Study 3 again replicated the 500 ms condition as well as adding a 50 ms condition using the same stimuli to determine whether the first impression may be interpreted as a 'mere exposure effect' (Zajonc 1980). Throughout, visual appeal ratings were highly correlated from one phase to the next as were the correlations between the 50 ms and 500 ms conditions. Thus, visual appeal can be assessed within 50 ms, suggesting that web designers have about 50 ms to make a good first impression."
  • IE7 Has "Delete Browsing History" Feature

    From the IE Blog, news that the upcoming IE7 will have a 'Delete Browsing History' feature that allows users to easily eliminate a range of information on their browsing activities, all from one menu. This information includes temporary Internet files, cookies, the history of websites most recently visited, form data, and passwords. Also note: "...if you're part of a domain in a corporate environment, an administrator has the ability to disable certain aspects of this feature."

    Permanent Link       Topic(s): Internet, Microsoft, Privacy
    Stronger Safeguards Sought As Cell Records Sold on Web

    Press release: "Representative Edward J. Markey (D-MA) Ranking Democrat on the House Subcommittee on Telecommunications and the Internet, released responses from the Federal Trade Commission (FTC) [2 pages, PDF] and the Federal Communications Commission (FCC) [2 pages, PDF] in response to his inquiry into reports of the commercial availability of consumer telephone records by companies like www.celltolls.com and other web-based companies that sell private cell phone records for as low as $89.95."

  • "High-tech hucksters are using the Internet to sell illegally-obtained consumer telephone records and I urge the FTC and FCC to step up their enforcement efforts already underway to ensure that consumer telephone records do not become commodities in a cyberspace bazaar," said Rep. Markey.
  • Technology Solutions Promoted to Enhance Border Security

    Rice-Chertoff Joint Vision: Secure Borders and Open Doors in the Information Age: "Since 9/11, the Bush Administration has set many changes in motion to improve border security while still welcoming visitors to the United States. There have been two great challenges: to harmonize all these changes for maximum effect while maintaining the right balance between stronger security and facilitating travel. Secretary of State Condoleezza Rice and Secretary of Homeland Security Michael Chertoff have been working together to manage these challenges. The result is a three part vision to guide the current and future development of solutions that ensure the best use of new technologies and the most efficient processes—all of which will ensure that our joint facilitation and security objectives are met."

    Permanent Link       Topic(s): Government Documents
    Counterterrorism Funding Oversight Lacking According to GAO

    Combating Terrorism: Determining and Reporting Federal Funding Data, GAO-06-161, January 17, 2006. Highlights.

  • "Seven of 34 agencies that reported receiving funding related to combating terrorism activities to OMB used different methodologies to estimate the portion of their authorized funding that supports such activities. These 7 agencies account for about 90 percent of the total fiscal year 2006 budget request that the 34 agencies estimate relate to combating terrorism."
  • Permanent Link       Topic(s): Government Documents
    Lawsuit Filed Against Bush and NSA Over Domestic Spying

    Press release: "In New York, on January 17, 2006, the Center for Constitutional Rights (CCR) filed a lawsuit against President George W. Bush, the head of the National Security Agency (NSA), and the heads of the other major security agencies, challenging the NSA’s surveillance of persons within the United States without judicial approval or statutory authorization. The suit seeks an injunction that would prohibit the government from conducting warrantless surveillance of communications in the U.S. CCR filed the suit in the Federal District Court for the Southern District of New York on its own behalf and on behalf of CCR attorneys and legal staff representing clients who fit the criteria described by the Attorney General for targeting under the NSA Surveillance Program."

  • NSA complaint (16 pages, PDF)

  • Related postings on domestic surveillance
  • January 16, 2006
    Effectivensss of Domestic Surveillance Program Challenged By Intel Officials

    New York Times: Spy Agency Data After Sept. 11 Led F.B.I. to Dead Ends: "President Bush has characterized the eavesdropping program, which focused on the international communications of some Americans and others in the United States, as a "vital tool" against terrorism; Vice President Dick Cheney has said it has saved "thousands of lives." But the results of the program looked very different to some officials charged with tracking terrorism in the United States. More than a dozen current and former law enforcement and counterterrorism officials, including some in the small circle who knew of the secret eavesdropping program and how it played out at the F.B.I., said the torrent of tips led them to few potential terrorists inside the country they did not know of from other sources and diverted agents from counterterrorism work they viewed as more productive."

    Gore Speech Targets Executive Powers and Domestic Surveillance

    The New York Times reports on a speech given today in Washington D.C. at DAR Constitutional Hall by former Vice President Al Gore, the focus of which was presidential authority, government secrecy, domestic surveillance, and the decline of congressional power. An audience of several thousand attended Gore's speech, which was simulcast by C-SPAN, and co-sponsored by the American Constitution Society for Law and Policy and The Liberty Coalition.

    The prepared text of Gore's remarks, Restoring the Rule of Law (16 pages, PDF)

  • "Republican as well as Democratic members of Congress should support the bipartisan call of the Liberty Coalition for the appointment of a special counsel to pursue the criminal issues raised by warrantless wiretapping of Americans by the President."

  • "Second, new whistleblower protections should immediately be established for members of the Executive Branch who report evidence of wrongdoing—especially where it involves the abuse of Executive Branch authority in the sensitive areas of national security."

  • "Third, both Houses of Congress should hold comprehensive—and not just superficial—hearings into these serious allegations of criminal behavior on the part of the President. And, they should follow the evidence wherever it leads."

  • "Once violated, the rule of law is in danger. Unless stopped, lawlessness grows. The greater the power of the executive grows, the more difficult it becomes for the other branches to perform their constitutional roles. As the executive acts outside its constitutionally prescribed role and is able to control access to information that would expose its actions, it becomes increasingly difficult for the other branches to police it. Once that ability is lost, democracy itself is threatened and we become a government of men and not laws."



  • Related resources and news:
  • National Security Whistleblowers Coalition

  • Postings on domestic surveillance

  • The Reporter's Privilege Under Siege: In a speech yesterday, former New York Times reporter Judith Miller stated, "...there is a full-scale assault by the federal government now on journalists in order to get to people who disclose classified information without authorization...Unless you have people who disagree with government policy who work for the government come forward, we will be getting only the information that the government wants us to have...That's authorized news. That's not a free and independent press."

  • ACLU Ads: No President Is Above the Law

  • Shaping the Course of the High Court

    WSJ free feature today: The High-Court Battle That Never Was - Senators' Pact on Judicial Filibusters Drained Drama From Roberts, Alito Nominations:

  • "If Judge Alito is confirmed in coming days, the president's legacy will include at least two high-court appointments, both of whom could steer the court in the conservative direction sought by the Republican Party's base, particularly its religious activists."

  • Related postings on Alito

  • IRS Issues Guidance on Tax Credit for Hybrid Vehicles

    Treasury and IRS Issues Guidance Regarding Hybrid and Lean Burn Vehicles: "During a visit to the Detroit...Treasury Secretary John Snow announced the issuance of IRS guidance regarding the tax credit for hybrid vehicles. The credit, which was enacted by the Energy Policy Act of 2005, may be as much as $3,400 for those who purchase the most fuel-efficient vehicles."

  • Credit for New Qualified Alternative Motor Vehicles (Advanced Lean Burn Technology Motor Vehicles and Qualified Hybrid Motor Vehicles)

  • Martin Luther King in His Own Words

  • From Time.com, Photo Essay - Martin Luther King, In His Own words.

  • Martin Luther King, Jr. - "I Have a Dream" - link includes access to his speech in text format, PDF, Real Video Long Excerpt of Address, Audio mp3 of Address, and Audio mp3 Stream of Address.

  • Permanent Link       Topic(s): Knowledge Management
    January 15, 2006
    January 14, 2006
    Ubiquity of the Internet Poses Significant Security Issues

    Zittrain, Jonathan, The Generative Internet. Harvard Law Review, 2006.

  • Abstract: "The power and flexibility of the Internet has ignited growth and innovation in information technology and in associated creative endeavors, its generativity soliciting contribution from varied audiences. This very power and flexibility projected across millions of mainstream users has also become a vehicle for security threats that endanger its many desired uses. This Article describes how the intertwining of the highly generative personal computer and Internet is creating an information technology grid that will find itself in grave crisis with no easy fix."
  • Permanent Link       Topic(s): Internet
    Cost ot Date of Iraq War May Top $500 Billion

    The Economic Costs of the Iraq War: An Appraisal Three Years After the Beginning of the Conflict, By Linda Bilmes and Joseph E. Stiglitz
    Working Paper Number: RWP06-002 (37 pages, PDF). Submitted: 01/11/2006.

  • ""We have not attempted in this paper an overall assessment of whether the war was conducted in the most cost efficient manner, i.e. whether, given what has been achieved (however that is defined), those objectives could have been achieved at lower costs. We have taken the expenditures, as they have occurred, not as they might have been. The Administration has explicitly tried to fight the war on the cheap, that is limit direct commitments of American troops, even shortchanging body and personnel armor. In violating the Powell doctrine, this may be one of those instances of 'penny wise-pound foolish'. Certainly, the long run costs to the individuals and to society of the individuals who died or were badly maimed (not to mention the additional costs of recruitment) far exceed the savings from not purchasing better body protection. Many observers believe that the manner in which the War was conducted led to the extended insurgency, which too has greatly increased cost."

  • Permanent Link       Topic(s): Congress
    ALA Announces Intention to File Patriot Act FOIA Request

    American Libraries Online, January 13, 2006: "The American Library Association's Executive Board intends to file a Freedom of Information Act request with the Federal Bureau of Investigation to determine if the FBI has been collecting information on the Association and its leaders as a result of their opposition to certain provisions of the USA Patriot Act. ALA OIF Deputy Director Deborah Caldwell-Stone said the FOIA request builds on the American Civil Liberties Union's discovery of information that leads it to believe that the FBI has been scrutinizing organizations that advocate changes to the Patriot Act. The request would focus on activities relating solely to the Association's advocacy concerning the Patriot Act."

    Names of Supreme Court Justices Not Common Knowledge

    Related to this January 12, 2005 posting, Pew Research Report Gauges Public Response to Recent High Profile Washington News, Most Americans Can't Name Any Supreme Court Justices, Says FindLaw.com Survey.

    Permanent Link       Topic(s): Courts
    January 13, 2006
    Outsourcing Legal Research?

    This January 13, 2006 New York Times article, Even Law Firms Join the Trend to Outsourcing, raises questions about outsourcing expert legal services.

    Permanent Link       Topic(s): Legal Research
    Test of E-Passports Begins at SFO

    DHS press release: "A live test of e-Passports, that contain contactless chips with biographic and biometric information and the readers that are capable of reading these e-Passports, begins January 15, 2006 at Terminal G at San Francisco International Airport (SFO). This test is a collaborative effort between the United States, Australia, New Zealand and Singapore that will run through April 15, 2006."

    National Information Exchange Model (NIEM)

    National Information Exchange Model (NIEM): "...establishes a single standard XML foundation for exchanging information between DHS, DOJ, and supporting domains..."

  • Mission: "To assist in developing a unified strategy, partnerships, and technical implementations for national information sharing — laying the foundation for local, state, tribal, and federal interoperability by joining together communities of interest. That foundation consists of three parts: core data components, reusable XML exchange packages, and business-process models for information sharing. The business process drives the creation of information exchange packages that are populated by reusable components."

    Permanent Link       Topic(s): E-Government
  • Wiki Provides Global Guidance to Keep Free Speech Alive

    Spirit of America sponsors The Anoniblogging Wiki: "This wiki contains our five initial guides on how to blog more safely [targeted to citizens in Saudi Arabia, Iran, China, Malaysia and Zimbabwe]. Across the globe, countries that discourage free speech have followed their citizens into the blogosphere. According to one count, in the last two years at least 30 bloggers (and there are no doubt more) have been interrogated, arrested, tortured and sentenced to long prison terms for the "crime" of speaking critically about their governments. Regardless of your culture, your country, your politics or religion, we believe you deserve to speak your mind without falling afoul of state power. Unfortunately, what you deserve and what you get are not always the same thing. So, for those of you who wish to speak out on your blogs, but who do not wish to risk imprisonment or worse for doing so, we have prepared guides that will help you to blog more safely by blogging more anonymously."

    Clinton Administration Did Not Authorize Warrantless Wiretaps

    A January 12, 2005 ABC News Nightline interview with former President Clinton clarified information on the use of warrantless wiretaps during his administration. According to Clinton: "My attitude was that once the Congress had spoken on it and given us the tools that we needed, we used it...We used the law. We either went there [FISA Court] and asked for the approval or, if there was an emergency and we had to do it beforehand, then we filed within three days afterward and gave them a chance to second guess it, because I thought it was a good — I think in the country you always have to try to balance these things out, so that's what we did."

  • Related postings on domestic surveillance
  • Effective Use of Information Technology for Disaster Management

    From the Committee on Using Information Technology to Enhance Disaster Management, National Research Council: Summary of a Workshop on Using Information Technology to Enhance Disaster Management

    Permanent Link       Topic(s): Knowledge Management
    Commentary Calls for Investigation Into Abuse of Presidential Powers

    From The Nation, a commentary by attorney Elizabelth Holtzman, former Representative from New York, 1973-1981.

    Associations Jointly Publish and Distribute Guide to Copyright on Campuses

    Related to yesterday's posting, Digital Rights Management: A Guide for Librarians, see Campus Copyrights and Responsibilities: A Basic Guide to Policy Considerations (39 pages, PDF), AAU, ARL, American University Press.

    January 12, 2006
    Pew Research Report Gauges Public Response to Recent High Profile Washington News

    Americans Taking Abramoff, Alito and Domestic Spying in Stride - Democrats Hold Huge Issue Advantage, Released: January 11, 2006 (32 pages, PDF)

  • Summary of findings: "The public has been hardly stirred by the flurry of major Washington news in the early days of 2006. Jack Abramoff's admission that he bribed members of Congress has sparked little interest, with just 18% paying very close attention to news reports on the disgraced Washington lobbyist...Reports about President Bush authorizing wiretaps of Americans suspected of having ties to terrorists has drawn far more attention than the Abramoff case. But there is not an outcry or even consensus opinion about the government's monitoring, without court permission, the phone and email communications of Americans suspected of having terrorist ties...[and] the public paid scant attention to the nomination of Samuel Alito to the Supreme Court in the days leading up to Senate confirmation hearings on Alito."

  • Anti-Spyware Coalition Releases Report on Spyware Definitions

    "After an extensive public comment period and review, the Anti-Spyware Coalition has released the Final Working Report of the Spyware Definitions. In addition, ASC has released a number of supporting documents, including a Vendor Dispute Resolution Process, a Glossary and a set of Safety Tips for Users."

    Mobile Google Personalized Webpage

    "Your Google personalized homepage puts the information you care about on one web page -- and now you can access that page on your mobile phone or device, in a phone-friendly format that's easy to read and navigate."

  • Personalized Home FAQ
  • Digital Rights Management: A Guide for Librarians

    Digital Rights Management: A Guide for Librarians, by Mike Godwin (44 pages, PDF)

    Former CIA GC Memo to Intel Cmte. Challenges Legal Authority For Domestic Surveillance

    On January 3, 2006 Jeffrey H. Smith, a former General Counsel of the CIA and a former General Counsel of the Senate Armed Services Committee, sent a 16 page memorandum to the Members of the House Permanent Select Committee on Intelligence, addressing the legal authorities regarding warrantless surveillance of U.S. persons. His conclusion - "The 2001 [Authority for the Military Use of Force] AMUF does not, in my view, justify warrantless electonic surveillance of U.S. persons..."

    Related references:

  • Additional information relevant to January 10, 2006 posting, Calls for Investigation into Pentagon Domestic Surveillance Have Generated Response. As reported in the New York Times on January 11, 2006, the NSA IG audit of the domestic surveillance program does not relate to its legal authority, but only to agency adherence to proper procedures.

  • The Congressional Research Service and Constitutional Law Scholars Weigh in on President Bush's Authorization of Warrantless Surveillance: Why This Controversy Bridges the Partisan Divide, At Least Among Experts, by Elaine Cassel

  • Postings on domestic surveillance
  • CRS Report on Federal Spending, FY2001-2005

    January 09, 2006 - Federal Spending by Agency and Budget Function, FY2001-FY2005 (PDF)

  • "This report provides federal spending data by agency and by budget function for fiscal year 2001 through fiscal year 2005. The data, ranked by size, reveal the concentrated nature of federal spending. The largest four agencies (of 51 listed) produce 83% of total outlays and the six largest (of 19) budget functions produce 86% of total outlays. Most of the spending by the largest agencies and within the largest budget functions is either mandatory spending (such as Social Security, Medicaid, and income support, among others), defense spending, or net interest spending on federal debt."

  • Permanent Link       Topic(s): Government Documents
    CRS Report on Judge Alito's Environmental Opinions

    The Environmental Opinions of Judge Samuel Alito (6 pages, PDF, January 06, 2006

  • Summary: "The nomination of Judge Samuel A. Alito, Jr., to serve on the Supreme Court has prompted close scrutiny of his judicial opinions during 15 years as an appellate judge. A review of the 34 opinions in environmental cases in which Judge Alito participated generally reveals careful reasoning based on straightforward readings of statutes or regulations, without broad philosophical assertions. At the same time, a small number of his opinions arguably suggest endorsement of larger jurisprudential principles that may present hurdles to environmental plaintiffs (through narrow interpretation of a constitutional standing requirement), government enforcement (through stringent evidentiary requirements), and congressional legislating (through a narrow reading of the Commerce Clause)."

  • Related CRS report: Supreme Court Nominations, 1789 - 2005: Actions by the Senate, the Judiciary Committee, and the President, January 05, 2006
  • House Members Set Forth Agendas to Address Lobbying Reform

  • Press release, January 11, 2006: "U.S. Rep. Mike Rogers, MI-08, today announced his principles for restoring accountability and trust in government, the cornerstone of his lobbying reform legislation which will be introduced when Congress reconvenes at the end of this month."

  • Press release, January 11, 2006: "House Democratic Leader Nancy Pelosi sent the following letter to Speaker Hastert yesterday afternoon urging him to take action to address the Republican culture of corruption that has pervaded the House by passing real lobbying reform, addressing Republican ethical abuses, and ensuring checks and balances in the legislative process.
  • Waxman Presses For Public Access to Mine Safety Documents

    "Rep. Waxman asks the Labor Secretary Chao to reverse the Mine Safety and Health Administration's 2004 decision to exclude mine safety inspectors' notes in Freedom of Information Act responses. The agency's secrecy policy limited disclosure about hundreds of safety violations at the Sago mine for years before the recent disaster." [January 11, 2006]

  • Letter to Labor Secretary Chao (2 pages, PDF)

  • Related postings on government secrecy
  • January 11, 2006
    CRS Report Reviews Impact of Indictment on Members of Congress

    Status of a Member of the House Who Has Been Indicted for or Convicted of a Felony (14 pages, PDF), January 5, 2006.

  • "There are no federal statutes or Rules of the House of Representatives that directly affect the status of a Member of Congress who has been indicted for a crime that constitutes a felony. No rights or privileges are forfeited under the Constitution, statutory law, or the Rules of the House merely upon an indictment for an offense, prior to an establishment of guilt under the judicial system. Thus, under House Rules, an indicted Member may continue to participate in congressional proceedings and considerations; under the Constitution, a person under indictment is not disqualified from being a Member of or a candidate for re-election to Congress. Internal party rules in the House, however, now require an indicted chairman or ranking Member of a House committee, or a member of the House party leadership, to temporarily step aside from his or her leadership or chairmanship position."
  • Searches and Seizures in a Digital World

    Searches and Seizures in a Digital World, by Orin S. Kerr (55 pages, PDF)

    Permanent Link       Topic(s): E-Records, Legal Research
    New Web Portal on Human Trafficking Taps Resources On Over 120 Countries

    "The National MultiCultural Institute (NMCI) launches a groundbreaking web portal that provides more than 15,000 web entries of informational resources on issues related to human trafficking and modern-day slavery from around the world."

    Permanent Link       Topic(s): Legal Research
    Agency Reports on Violations of the Antideficiency Act

    Agency Reports on Violations of the Antideficiency Act: GAO has created this database in carrying out the statutory requirement in section 1401 of the Consolidated Appropriations Act, 2005, Pub. L. No. 108-447 [658 pages, PDF), 118 Stat. 2809, 3192 (Dec. 8, 2004).

  • "The database currently lists reports received by GAO in FY 2005. Interested persons can be notified of future filings by subscribing to daily email updates for Comptroller General Decision."
  • Kennedy Seeks to Clarify Alito's Statements Relating to Equal Justice

    Press release: "Today in his rounds of questioning Judge Alito, Senator Edward M. Kennedy pressed Judge Alito on his commitment to equal justice under the law by raising his membership in a radical anti-women, anti-minority alumni organization [Concerned Alumni of Princeton (CAP)] and several rulings on key cases involving individual rights." [press release includes supporting documents related to CAP and Judge Alito's cases.]

  • As referenced in the press release, documents relating to CAP, housed at the Library of Congress: William A. Rusher: A Register of His Papers in the Library of Congress - 78,400 items; 224 containers; 89.6 linear feet; 36 microfilm reels - Manuscript Division, Library of Congress -- 1993
  • E-Gov Site Focuses on Secure Computing and Protecting Personal Info

    "OnGuardOnline.gov provides practical tips from the federal government and the technology industry to help you be on guard against Internet fraud, secure your computer, and protect your personal information."

  • Quick facts and related resources are available on the following topics: ID theft, spyware, phishing, spam scams, online shopping, P2P file sharing, and VoIP. The free materials available on the site may be used or adapted "in your own communications."


  • Related resource:
  • Anti-Spyware: Knowledge and Software for the Home PC (14 pages, PDF), by Nicolle Johnson, 11/01/06. "It only takes a moment and you do not know until it is too late, if even then. While you are checking your email or looking up a website, a silent predator is downloaded onto your computer to watch your every move."


  • Photojournalists Capture Hurricanes' Impact in New Book

    Editor & Publisher reviews a new book by a group of 20 Dallas News photojournalists and reporters that chronicles the devastating impact of hurricanes Katrina and Rita.

  • Eyes of the Storm: The Story in Pictures of Hurricanes Katrina and Rita, by Dallas Morning News

  • Related postings on the hurricanes
  • Public Interest Groups Fight Expansion of Government Secrecy

    OMB Watch: "Citizens for Sensible Safeguards, a coalition of labor, consumer, and other public interest organizations, filed comments (29 pages, PDF) Jan. 9 on OMB's Proposed Bulletin on Good Guidance Practices. The bulletin purports to make agency guidance documents "more transparent, consistent, and accountable" by setting new requirements that include high-level review by senior agency staff of any guidance document deemed "significant" and a lengthy review and approval process for any "economically significant" guidance."

    Bush Drops Opposition to Hearings on Domestic Surveillance

    Following up on the series of references that were noted in my posting yesterday, news today that President Bush has apparently dropped his opposition to congressional hearings on the controversial domestic surveillance program about which news has appeared almost every day for the past month.

    Related reference on the upcoming hearings:

  • President Participates in Discussion on the Global War on Terror, Kentucky International Convention Center, Louisville, Kentucky, October 10, 2005: "There will be a lot of hearings and talk about that, but that's good for democracy -- just so long as the hearings, as they explore whether or not I have the prerogative to make the decision I made doesn't tell the enemy what we're doing. See, that's the danger."

  • USPTO Releases Annual List of Top 10 Organizations Receiving Most U.S. Patents

    Press release: "The Department of Commerce’s United States Patent and Trademark Office (USPTO) announced today the 2005 top 10 global private sector patent recipients. Listed...are the 10 corporations receiving the most U.S. patents for inventions in 2005, along with their 2004 ranking." IBM, Canon and HP rank 12, 3 respectively.

    EPA Toxic Release Inventory Database Threatened By Gov't Opposition

    Following up on my November 11, 2005 posting, EPA Proposes To Limit Public Access to Pollution Release Inventory, see this new report from OMB Watch, Dismantling the Public's Right to Know: EPA's Systematic Weakening of the Toxics Release Inventory (16 pages, PDF):

  • "The report details how under the Bush administration, the Environmental Protection Agency (EPA) is slowly dismantling its flagship environmental information tool: the Toxics Release Inventory (TRI). The program has been protected and improved for over the last 15 years, since it was put in place during the Reagan administration. The TRI database enables the public to learn about the environmental risks in our workplaces and communities by providing information about hundreds of toxic chemicals released into the environment. Moreover, the TRI program has served as a constant example of the vital role information plays in a democracy, and the importance of the public's right to know. Unfortunately, the program's success has made it a target for those that seek to reduce corporate oversight and accountability."
  • Legal Term Glossary Available From U.S. Courts Website

    From the U.S. Courts, Legal Term Glossary Newly Available: "Stumped by a legal term? An updated glossary of legal terms encountered in the various federal courts is now included on this web site."

    Permanent Link       Topic(s): Courts, Legal Research
    January 10, 2006
    Calls for Investigation into Pentagon Domestic Surveillance Have Generated Response

    After a series of Congressional calls for hearings and investigations into the administration's controversial post 9/11 domestic surveillance program, news today from several sources confirming that probes have indeed been launched, and hearings scheduled. Questions remain as to when, and if, the conclusions will be made public. Additionally, ABC News reports that former NSA "insider" Russell Tice is on record as a whistleblower at the heart of the New York Times article that revealed the program's existence.

    Related reference:

  • Letter from Harvard Law Professor Laurence Tribe to Rep. John Conyers, Jr. [locate the full text by scrolling down a bit from the top of the posting] concerning "the legality of the classified program of electronic surveillance by the National Security Agency..that the President authorized within months of the September 11, 2001, attacks by Al Qaeda...The inescapable conclusion is that the [Authorization to Use Military Force] AUMF did not implicitly authorize what the FISA expressly prohibited. It follows that the presidential program of surveillance at issue here is a violation of the separation of powers — as grave an abuse of executive authority as I can recall ever having studied."


  • CDs and Hard Drives Suffer From Material Obsolescence

    All that music you have burned to CDs may only last a couple of years according to IBM Speicherexperte (memory expert) Kurt Gerecke. He advises using long-lived magnetic tapes to store the music, videos and photos created by the plethora of gadgets we cannot live without.

    Permanent Link       Topic(s): Knowledge Management
    Guide to Malware Reviews and Evaluates Threats and Industry Responses

    Malware - Future Trends, by Dancho Danchev,10/01/06 (26 pages, PDF).

  • "Malware has truly evolved during the last couple of years. Its potential for financial and network based abuse was quickly realized, and thus, tactics changed, consolidation between different parties occurred, and the malware scene became overly monetized, with its services available on demand. What are the driving forces behind the rise of malware? Who’s behind it, and what tactics do they use? How are vendors responding, and what should organizations, researchers, and end users keep in mind for the upcoming future?..."

  • Challenges Posed By Search Engines on E-Commerce Profitability

    Jakob Nielsen's Alertbox, January 9, 2006: Search Engines as Leeches on the Web

  • "Summary: Search engines extract too much of the Web's value, leaving too little for the websites that actually create the content. Liberation from search dependency is a strategic imperative for both websites and software vendors."
  • FEMA Data on Katrina Contracts Woefully Incomplete

    Federal Times reports that FEMA data on contracts awarded after Katrina is substantively incomplete in numerous areas, including identification of whether over $450 million in contracts were even competitively bid.

  • Related reference: Improvements Needed to the Federal Procurement Data System-Next Generation, GAO-05-960R, September 27, 2005.
  • Permanent Link       Topic(s): Government Documents
    Guide to Cleaning Spyware Off Your PC

    From InformationWeek, this straight forward guide for PC users takes you through a five step process to identify and eliminate problems before they overtake you.

    Permanent Link       Topic(s): PC Security, Privacy
    Kennedy Bill Seeks Congressional Access to Daily Briefings on WMD

    S. 2175 - A bill to require the submittal to Congress of any Presidential Daily Briefing relating to Iraq during the period beginning on January 20, 1997, and ending on March 19, 2003. Sponsor: Sen Kennedy, Edward M. [MA](introduced 12/21/2005). Latest Major Action: 12/22/2005 Referred to Senate committee. Status: Read twice and referred to the Committee on Intelligence.

    CBO Report on Long-Term Implications of Current Defense Plans

    CBO: The Long-Term Implications of Current Defense Plans and Alternatives: Detailed Update for Fiscal Year 2006, January 2006 (84 pages, PDF)

    Permanent Link       Topic(s): Government Documents
    Opposition to Domestic Surveillance Grows Within Legal Community

    CDT: "Fourteen of the nation's leading experts on constitutional law today issued an analysis concluding that "the Justice Department's defense of what it concedes was secret and warrantless electronic surveillance of persons within the United States fails to identify any plausible legal authority for such surveillance. Accordingly the program appears on its face to violate existing law." The letter (11 pages, PDF), signed by law professors and former senior government officials, comes to the same conclusion, but in stronger terms, as an analysis issued last week by the non-partisan Congressional Research Service. Signers of today's letter include former federal judge and FBI Director William S. Sessions, former Deputy Attorney General Philip Heymann, lawyers who worked in the executive branch under President George W. Bush, and Richard Epstein, a prominent conservative scholar and fellow at the Hoover Institution." January 09, 2006.

    January 09, 2006
    Transcript of Senate Judiciary Committee Hearing for Confirmation of Samuel Alito

  • Washington Post: U.S. Senate Judiciary Committee Hearing on Judge Samuel Alito's Nomination to the Supreme Court, Part I of II, Courtesy FDCH e-Media, Monday, January 9, 2006; 12:59 PM. Read below the opening statements of the first thirteen senators' opening statements. The final statements, and Judge Alito's opening statement, can be found in Part II (see belows).

  • U.S. Senate Judiciary Committee Hearing on Judge Samuel Alito's Nomination to the Supreme Court, Part II of II, Monday, January 9, 2006; 3:32 PM

  • Judge Samuel Alito - Published Opinions & Confirmation Hearing, Free Searchable Version, available from askSam.
  • OMB Report to Congress on E-Gov Initiatives

    Report to Congress on the Benefits of the President's E-Government Initiatives, January 6, 2006. (183 pages, PDF)

  • "The Federal government is delivering results through expansion and adoption of electronic government principles and best practices in managing information technology, and is increasingly providing timely and accurate information to the citizens and government decision makers while ensuring security and privacy."


  • Related references:
  • Building Semantic Webs for e-government with Wiki technology, Electronic Government, Vol. 3, No. 1, January 2006 (20 pages, PDF).

  • beSpacific postings on e-government

  • The Price of Influence Peddling in Washington

  • Time (free): How to Raise Cash... Disguise Its Sources... And Buy Influence
  • Time (sub. req'd) - The Man Who Bought Washington - From deep inside the Republican elite, Jack Abramoff brought new excesses to the lobbying game. Who is he, and how did he get away with it for so long?: "A high-level source tells Time that prosecutors will also focus much of their energies on the lesser and easier-to-prove charge of 'honest services mail fraud,' for which they have to show only that a lawmaker has acted in his personal interest or that of another individual but not of his constituents in return for improper gain."
  • Permanent Link       Topic(s): Congress
    DHS OIG Audit of TSA Screener Recruitment Program

    Review of the Transportation Security Administration's Management Controls Over the Screener Recruitment Program, OIG-06-18, December 2005 (PDF, 36 pages), 1/9/2006.

    Permanent Link       Topic(s): Government Documents
    Citation Database of Scientific and Medical Literature Now Available Free

    Press release, January 5, 2006 – "Infotrieve, Inc. today announced that it had converted ArticleFinder, its online scientific, technical, and medical (STM) database with more than 26 million citations and eight million abstracts from over 54,000 journals, to a free access model. The move provides scientists and researchers, who work for corporations and are subject to different copyright regulations than their academic counterparts, with an end-to-end solution for conducting STM searches across literature from multiple providers. The solution seamlessly retrieves full-text scholarly journal articles that they need on a pay-per-view basis."

    A Legal Analysis of the NSA Warrantless Surveillance Program

    A Legal Analysis of the NSA Warrantless Surveillance Program, by Morton H. Halperin, January 6, 2006

  • Secrecy News: "Halperin, a leading civil libertarian and former Pentagon and State Department official, played an influential role in the enactment of the Foreign Intelligence Surveillance Act (FISA) of 1978, which subjected intelligence surveillance within the United States to a measure of judicial oversight. He also has the distinction of having his phone tapped at the direction of Henry Kissinger, who eventually apologized for the action."


  • Related references:
  • Also via Secrecy News, Authorization For Use Of Military Force in Response to the 9/11 Attacks (P.L. 107-40): Legislative History, January 4, 2006.

  • Postings related to 9/11 and domestic surveillance

  • Barry Steinhardt, ACLU Technology and Liberty Project [Politech]: "The updated NSA Watch site...contains a wide variety of materials and links documenting the NSA's extraordinary communication interception capabilities ("sigint"), which are part of an international arrangement sometimes referred to as "Echelon".

  • Calls For Special House Panel and DOJ Investigations of Domestic Surveillance Program

  • Press release, January 6, 2006: "U.S. Rep. Benjamin L. Cardin today sent a letter to House Speaker J. Dennis Hastert requesting that a special House panel be created "to undertake an immediate investigation and hearings into the President's purported authority to conduct eavesdropping of U.S. citizens without a court order."

  • Press release, January 9, 2005: "Deeply concerned about the constitutionality and precedent of President Bush's secretly authorized domestic surveillance initiative being conducted without warrants, Congressman Maurice Hinchey (D-NY) today formally called for a U.S. Department of Justice (DOJ) investigation into the development and legality of the program. Hinchey and a group of his House colleagues this week will send a letter to H. Marshall Jarrett, DOJ's Counsel for the Office of Professional Responsibility asking for an investigation into how the surveillance program came about, the involvement and objections of DOJ officials regarding the program, and the overall legality of the initiative." [Text of draft letter is included in this press release.]

  • Related postings on domestic surveillance
  • CRS Legislative History On Use of Military Force Post 9/11

    CRS: Authorization For Use Of Military Force in Response to the 9/11 Attacks (P.L. 107-40): Legislative History, January 4, 2006. [via FAS]

    January 08, 2006
    Senate Hearing on Nomination of Samuel A. Alito , January 9, and 12, 2006

    The Senate Committee on the Judiciary has scheduled a hearing on the nomination of Samuel A. Alito, Jr. to be an Associate Justice of the Supreme Court of the United States for Monday, January 9, 2006 at 12:00 p.m. in the Senate Hart Office Building Room 216. Chairman Specter will preside.

  • Media Guidelines for the upcoming Nomination Hearing of Samuel A. Alito, Jr., of New Jersey, to the Supreme Court of the United States

  • Public Guidelines for the upcoming Nomination Hearing of Samuel A. Alito, Jr., of New Jersey, to the Supreme Court of the United States

  • New York Times editorial, January 8, 2005: Judging Samuel Alito

  • Related postings on Judge Alito

  • Press release, January 5, 2005: "Senator Edward M. Kennedy held a roundtable meeting with reporters to discuss the upcoming hearings on Judge Alito's nomination to the Supreme Court. Kennedy outlined the questions Judge Alito must answer regarding his commitment to core constitutional rights and freedoms as well as the growing credibility gaps between the assurances he gave to Senators in 1990 and now, and his writings, his speeches, and his 15 years of opinions. Kennedy also indicated that Judge Alito would face questions about executive power and the President's domestic surveillance program. This will be Senator Kennedy's 23rd Supreme Court nomination."

  • "The National Association of Women Lawyers ("NAWL"), Committee for the Evaluation of Supreme Court Nominees, has evaluated Judge Samuel Alito for the position of Associate Justice of the Supreme Court of the United States. The Committee has determined that Judge Alito is not qualified to serve on the Court from the perspective of laws and decisions regarding women's rights or that have a special impact on women." (3 pages, PDF)

  • Supreme Court Witness List for Thursday, January 12, 2006 at 9:30 a.m. This link inclused prepared testimony, all in PDF, of 14 witnesses.
  • Senate Judiciary Cmte. Chair Requests Testimony From AG on Domestic Surveillance

    AP: Specter Seeks AG's Testimony on Spying

    Related references:

  • December 19, 2005 Press Briefing by Attorney General Alberto Gonzales and General Michael Hayden, Principal Deputy Director for National Intelligence.

  • The NSA Spy Engine: Echelon, by Jason Leopold

  • Related postings on domestic surveillance


  • Corruption Scandal Impacting Capitol Hill Leadership

    Series of articles related to the corruption scandal impacting a growing number of individuals on the Hill, as well as lobbying firms.

  • AP: DeLay Gives Up Bid to Reclaim House Post

  • New York Times: Officials Focus on a 2nd Firm Tied to DeLay

  • Blunt and Boehner out front as leadership race begins

  • Washington Post: Ethics Issues Snared GOP's Champion - DeLay's Focus on Fundraising Powered Party Gains But Led to Problems

  • New York Times: Lobbyist's Firm Escapes Fallout From a Scandal

  • Capitol Hill Blue: DeLay's gone but GOP's troubles continue

  • Press release: Speaker Hastert Comments on Rep. DeLay's Decision to Step Down as Majority Leader
  • Permanent Link       Topic(s): Congress
    Wiki Tracks Fortune 500 Adoption Of Public Blogs

    Fortune 500 Business Blogging Wiki: "This is a directory of Fortune 500 companies that have business blogs, defined as: active public blogs by company employees about the company and/or its products." Currently there are 19 listings that include links to the respective blogs.

    CRS Report Examines Whether Google Book Search Is Fair Use

    CRS Report - The Google Book Search Project: Is Online Indexing A Fair Use Under Copyright Law (6 pages, PDF), Published 12/28/2005, by Robin Jeweler, American Law Division.

  • Abstract: "Google, Inc. is digitally scanning the collections of several prominent libraries in order to create a vast searchable database of literary works. Copyright holders who have not authorized and object to the digitization have filed suit against the company. This report provides background on the pending litigation."

  • Related postings on Google Book Search


  • Permanent Link       Topic(s): Copyright
    January 07, 2006
    Consumer Reports Investigates Organic Food - To Buy Or Not To Buy

    February 2006: When it pays to buy organic

    Permanent Link       Topic(s): Internet
    Pentagon Study Publicly Available Cites Fatal Flaw in Body Armor

    New York Times: Pentagon Study Links Fatalities to Body Armor: 80% of Marine fatalities could have been prevented if higher quality body armor, which has been available since 2003, had been distributed to these troops.

    Permanent Link       Topic(s): Government Documents
    CQ Report on Government Secrecy

    Via OpentheGovernment.org, from CQ Researcher, December 2005, this 24 page (PDF) report on Government Secrecy.

    Permanent Link       Topic(s): Government Documents
    January 06, 2006
    Year-End Report on the Federal Judiciary

    "Chief Justice John G. Roberts Jr., the nation’s top-ranking federal judge, issued his first Year-End Report on the Federal Judiciary.
    Text (pdf)."

    Senators Continue to Use Banned Cookies on Websites

    According to a CNET News.com article by Declan McCullagh, pledges by many U.S. Senators not to use cookies on their e-gov sites have, in at least 23 instances, gone unfulfilled. This is in following with recent news about the use of tracking technology on other e-gov sites, including the White House and NSA.

    OECD Report Reviews Best Practices for E-Gov Sites

    OECD e-Government Studies e-Government for Better Government

  • "Abstract: E-government is expected to improve the function of public administration and its relationship to the public. The good news is that information and communication technology (ICT) offers an array of tools to meet the promise of e-government. The bad news is that the reality has not yet caught up with the promise. To date, the approach to e-government has too often been driven by ICT solutions instead of user demand. While this has been effective for putting services online, it has led to a proliferation of websites, portals and electronic services that are incompatible, confusing and overlapping... not to mention expensive. Rather than simply adding a new service delivery channel, e-government can improve the services that governments offer. But this can only happen as part of an overall transformation of the processes, structure and culture of government. Some OECD governments are now applying a new "logic of e-government" to allow networked government organisations to share resources and deliver user-focused information and services. This requires a better understanding of what government does and how it does it from a whole-of-government perspective."
  • Permanent Link       Topic(s): E-Government
    CRS Report Evaluates Presidential Authority for Warrantless Surveillance

    CRS Report, January 5, 2006: Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information (44 pages, PDF)

    Related references:

  • New York Times, Report Questions Legal Basis for Bush's Spying Program: "President Bush's rationale for authorizing eavesdropping on American citizens without warrants rests on questionable legal ground and "may represent an exercise of presidential power at its lowest ebb," according to a formal Congressional analysis released today...While the Congressional report reached no bottom-line conclusions on whether the program is legal or not, it concluded that the legal rationale appears somewhat dubious."

  • Washington Post, Report Rebuts Bush on Spying: "The 44-page report said that Bush probably cannot claim the broad presidential powers he has relied upon as authority to order the secret monitoring of calls made by U.S. citizens since the fall of 2001."

  • State of War: The Secret History of the C.I.A. and the Bush Administration,by James Risen

  • Washington Times reports: Former NSA Intel Officer Offers Congressional Testimony: "I intend to report to Congress probable unlawful and unconstitutional acts conducted while I was an intelligence officer with the National Security Agency and with the Defense Intelligence Agency," Mr. Tice stated in the Dec. 16 letters, copies of which were obtained by The Washington Times."


  • Redesigned IRS Site Provides Enhanced Search, Navigation and Services

    IRS press release, January 3, 2006: "The Internal Revenue Service today launched the 2006 filing season with a new look to its popular Web site, improved online tools and enhanced electronic services that will better assist taxpayers and tax preparers...Now, taxpayers can find even more help 24 hours a day, seven days a week on IRS.gov. The newly redesigned IRS.gov provides a more usable look and feel. Also, the agency improved overall site navigation and enhanced the search engine to increase search result accuracy and usability. Users should more easily find needed forms and publications, electronic tools and tax information. A new drop-down menu called "I Need To" [see upper right hand side of homepage] provides taxpayers with quick access to frequently requested information."

    January 05, 2006
    FISA Court Wants Answers From White House on Domestic Surveillance

    The Washington Post today reported that the FISA Court judges will be briefed by intelligence officials next week on details regarding post 9/11 authorization of domestic wiretapping. In addition, the article states that only the court's presiding judge was informed about the program prior to the information becoming public in December 2005.

    Related references:

  • How Much Authority Does the President Possess When He Is Acting as "Commander In Chief"? Evaluating President Bush's Claims Against a Key Supreme Court Executive Power Precedent, by Edward Lazarus

  • Tinker, Tailor, Miner, Spy - Why the NSA's snooping is unprecedented in scale and scope.

  • CRS Report on National Security Whistleblowers

    From FAS, this link to a new CRS report, National Security Whistleblowers, December 30, 2005 (47 pages, PDF):

  • "To discharge its constitutional duties, Congress depends on information obtained from the executive branch. Domestic and national security information is provided through agency reports and direct communications from department heads, but lawmakers also receive information directly from employees within the agencies. They take the initiative in notifying Congress, its committees, and Members of
    Congress about alleged agency illegalities, corruption, and waste within the agency. This type of information comes from a group known as whistleblowers. Through such techniques as "gag orders" and nondisclosure agreements, Presidents have attempted to block agency employees from coming directly to Congress. In response, Congress has enacted legislation in an effort to assure the uninterrupted flow of domestic and national security information to lawmakers and their staffs. Members of Congress have made it clear they do not want to depend solely on information provided by agency heads."


  • Related reference:
  • New York Times editorial, January 5, 2005: On the Subject of Leaks - "A democratic society cannot long survive if whistle-blowers are criminally punished for revealing what those in power don't want the public to know - especially if it's unethical, illegal or unconstitutional behavior by top officials."

  • SEC Issues Statement Concerning Financial Penalties

    Commission Announcement, January 4, 2005: "Today the Commission announced the filing of two settled actions against corporate issuers, SEC v. McAfee, Inc. (filing, 42 pages, PDF) and In the Matter of Applix, Inc. In one, the company will pay a civil money penalty; in the other, a penalty is not part of the settlement. The question of whether, and if so to what extent, to impose civil penalties against a corporation raises significant questions for our mission of investor protection...We proceed from the fundamental principle that corporate penalties are an essential part of an aggressive and comprehensive program to enforce the federal securities laws, and that the availability of a corporate penalty, as one of a range of remedies, contributes to the Commission's ability to achieve an appropriate level of deterrence through its decision in a particular case."

    Related references:

  • Litigation Release No. 19520 / January 4, 2006, Accounting and Auditing Enforcement Release No. 2360 / January 4, 2006, Securities and Exchange Commission v. McAfee, Inc., Civil Action No. 06-009 (PJH) (N.D. Cal.) (January 4, 2006)

  • Administrative Proceeding Release No. 33-8651, In the Matter of Aplix, Inc.

  • New Generation E-Book Reader May Find Market Niche

    The new Sony Reader, weighing in at only 9 ounces with a thickness of 1/2 inch, and the size of a paperback, looks like a gadget whose time may have finally come. Although ebooks have been available for 10 years now from a range of organizations and libraries, for free and for a fee, the device has yet to reach widespread market acceptance.

    Professional Qualifications of Judge Alito Evaluated by ABA and Law Professors

    ABA Standing Committee on Federal Judiciary rating of professional qualifications of Samuel A. Alito - January 4, 2006

    Also from the ABA:

  • Investigations of Supreme Court Nominees: This is a one-page summary highlighting the special investigative procedures followed by the Committee when evaluating a nominee to the U.S. Supreme Court.
  • Ratings of Article III Judicial Nominees for the 109th Congress



  • Related reference:
  • Dems Weigh Alito Confirmation Vote Delay



  • Related document:
  • "Today, a group of prominent law professors released a letter (27 pages, PDF) to Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) and Ranking Member Sen. Patrick Leahy (D-Vt.) signed by over 500 law professors in opposition to the nomination of Judge Samuel A. Alito to the Supreme Court."

  • D.C. to Launch Web Based Emergency Response Center in March

    According to ComputerWorld, "The District of Columbia is poised to switch on a new system designed to allow emergency response command centers in Washington and surrounding areas to coordinate responses to natural disasters and terrorist attacks using Web services."

    Permanent Link       Topic(s): E-Government
    Wikipedia Continues to Generate Headlines

    The Wikipedia controversy continues to generate a range of opinions and commentary on the future direction and content of the open source, collaborative online encyclopedia. Prevailing wisdom: it is always advisable to locate, read and evaluate more than one source for all research, whether conducted online, or using TV, radio, or print sources. Carefully review and critically analyze the materials and sourcing before determing the validity of the content. Misinformation does not only appear online, a point that has been driven home in no uncertain terms by current events.

    Permanent Link       Topic(s): Knowledge Management
    IRS Provided With Political Affiliations of Tax Delinquents

    AP reports IRS to Strip Political Info From Databases: The contractor that provides the IRS with online data for tax collection purposes has been including information about citizens' political affiliation, mined from voter registration records. As noted in the article however, "IRS employees are prohibited from using political party affiliation when enforcing tax laws."

    January 04, 2006
    First Anniversary Review of UK Freedom of Information Act

    Rob Evans of the UK Guardian documents the challenges encountered by citizens, and the responses of government officials, to the Freedom of Information Act during this first year since it entered into force. [m.r.]

    Related references, also from the UK Guardian:

  • The Freedom of Information Act forced the downfall of Scottish Tory leader David McLetchie over his use of taxis, but what else has it revealed to the media in the past year?

  • Freedom of information is commonly thought to be about important matters of state, but some people evidently had other things on their mind.
  • Stanford Releases 2005 Report on Securities Law Fraud

    The Stanford Law School Securities Class Action Clearinghouse issued a press release yesterday on the number of securites fraud class actions filed in 2005. The study identifies a decline in the number of suits and investor losses in 2005, compared to previous years. The full report, Securities Class Action Case Filings, 2005: A Year in Review, is 19 pages, PDF.

    Objections Conveyed to White House On Limited Scope of NSA Briefings

    AP reports that House Intelligence Committee ranking Democrat, Rep. Jane Harman sent a letter to the White House stating the limited scope of NSA briefings on domestic surveillance, provided only to select members of Congress, did not comply with the National Security Act.

    Related references:

  • "EPIC has obtained the first Freedom of Information Act documents released by the National Security Agency on its controversial surveillance program. The documents, which are internal messages (PDF) from the agency's director to staff, defend the NSA's warrantless eavesdropping and discourage employees from discussing the issue with the news media."

  • Cheney: NSA eavesdropping critical to U.S. security

  • US Attorney Discusses Patriot Act in White House Online Forum

    Today Ken Wainstein, United States Attorney, District of Columbia, discussed the use and reauthorization of the USA PATRIOT Act on the Ask the White House online forum.

    Related resource:

  • Search and analyze the text from the USA Patriot Act (Public Law 107-56), from AskSam

  • E-Rulemaking Initiatives Stalled For Lack of Funding

    As reported by OMB Watch, funding for the eRulemaking Program Management Office (PMO) expires February 2006. A determination has been made to allocate available funds to maintain operation of the Federal Docket Management System, (Regulations.gov), although the program is acknowledged to fall far short of an example of a successful e-gov implementation.

    Permanent Link       Topic(s): E-Government
    White House May Not Cooperate With Intelligence Committee Hearings

    In following previous postings on domestic surveillance, a glimpse into the contentious situation between Congress and the White House, exemplified by the following exchange from the White House Press Briefing by Scott McClellan, January 3, 2006:
    Q A number of members of Congress do not agree that the President has the authority to do what he did in that case.
    MR. McCLELLAN: Well, previous administrations have cited similar authority.
    Q And they want to have hearings, and those hearings are supported by many on both sides, including the chairman of the Judiciary Committee, because they don't believe that this is within the scope of the President's authority.
    MR. McCLELLAN: And what's your question?
    Q And my question is, does the White House take this into account, will it try to talk to them, will it participate in the hearings?
    MR. McCLELLAN: Like I said, and the President has said we've briefed members of Congress on more than a dozen occasions.
    Q But that's not what they're talking about.
    MR. McCLELLAN: And in terms of discussions about this, the President talked about this at his end-of-the-year news conference. We shouldn't be talking about intelligence activities, particularly in a time of war, in a public way. This is a highly classified authorization --
    Q Not anymore. I mean, it's public now.
    MR. McCLELLAN: No, it still is. It still is highly classified. The President has talked in a very limited way about the nature of this authorization and what it's designed to do, and how it's limited. And so we will continue to talk with members of Congress --
    Q Will you cooperate with a congressional hearing?
    MR. McCLELLAN: -- the Attorney General has been talking to additional members of Congress about this authorization, so that they do understand why this tool is so vital in our efforts to prevail in the global war on terrorism.
    Q But will you cooperate with a hearing?
    MR. McCLELLAN: Well, I'm not going to get into talking about ruling things in or out from this podium. We'll talk with members of Congress and make sure that they're briefed and kept informed, as we have been.

    Washington Post Announces Launch of Radio Station for DC Listeners

    Washington Post Radio will debut in March, and listeners in the DC metro area can find it on FM-107.7 and AM-1500.

  • "The new station will present news, information and diverse views concerning national, international and Washington metro area news, including business, entertainment, sports, cultural and consumer news." [Washington Post, reg. req'd]

  • Permanent Link       Topic(s): Knowledge Management
    January 03, 2006
    Release of New Documents Complicates Understanding of NSA Actions Post 9/11

    Several articles available today expand upon the discussion about, and information related to, the escalating controversy generated by revelations of a post 9/11 domestic surveillance program. Listed below are the articles and links which collectively shed new light on the issue, result in further questions yet unanswered, and offer additional commentary and perspective on potential ramifications for individuals, journalists, and citizens overall:

  • New York Times: "The National Security Agency acted on its own authority, without a formal directive from President Bush, to expand its domestic surveillance operations in the weeks after the Sept. 11 attacks, according to declassified documents released Tuesday."

  • Time: The Book Behind the Bombshell - "At the center of the article's backstory is Risen, who unsuccessfully pushed to publish the wiretap report last year, then took a leave to write a book, State of War: The Secret History of the CIA and the Bush Administration. It now appears he may pay a price for the disclosure: last Friday the Justice Department opened an investigation into who leaked the existence of the NSA program to the Times, raising the prospect of Risen's being compelled to reveal the identities of the "nearly dozen" current and former officials who spoke to him about the program or face jail time for contempt of court." [related references: see Executive Order 12333--United States intelligence activities], and Pelosi's Declassified Letter on NSA Activities

  • Time: Presidential Snooping Damages the Nation

  • Steven Aftergood, quoted in AP article: "It does seem that the NSA is doing something different and in a different way than what it has done before."
  • Leading Business Journals on Web Remove Subscription Barrier

    Om Malik's blog announces that the new content and archives of the Business 2.0 family of online magazines (which includes Fortune and CNN Money), are now available without subscription, i.e., free.

    Executive Order Mandates Chief FOIA Officers for Each Agency by January 13, 2006

    Just a reminder: Executive Order 13392, Improving Agency Disclosure of Information.

    U.S. v. Jack Abramoff

    From the Talking Points Memo Document Collection:

  • Abramoff Plea to Conspiracy, Mail Fraud, and Tax Evasion, January 3, 2006 (HTML, 13 pages)

  • Abramoff Plea Deal for Conspiracy, Mail Fraud, and Tax Evasion Charges, January 3, 2006 (HTML, 29 pages)

  • And from FindLaw: Plea Agreement, January 4, 2005 (7 pages, PDF)


  • DOJ press release: Former Lobbyist Jack Abramoff Pleads Guilty to Charges Involving Corruption, Fraud Conspiracy, and Tax Evasion
  • "Former lobbyist Jack A. Abramoff has pleaded guilty to a three-count information charging him with conspiracy, aiding and abetting honest services mail fraud, and tax evasion, Assistant Attorney General Alice S. Fisher of the Criminal Division announced today. Abramoff, 47, entered his plea today in U.S. District Court in the District of Columbia, before Judge Ellen Segal Huvelle. Under the terms of a plea agreement, Abramoff faces up to 30 years in prison, a fine of more than $750,000 and mandatory restitution estimated to be approximately $26.7 million."


  • AP: Abramoff Pleads Guilty, Will Cooperate

  • AP: - Analysis: Abramoff plea may rock GOP boat

  • CNN: About half of U.S. adults believe most members of Congress are corrupt, a poll released Tuesday suggests
  • New York Times: Lobbyist Accepts Deal and Becomes Witness in Corruption Case
  • Guide Identifies Levels and Types of Spyware

    Spy? Where?: Understanding Spyware, by Benny C. Rayner, 03/01/06 (14 pages, PDF): "Spyware is a pest no matter which way you think about it. Whether it’s causing you to have numerous pop-ups or it is consuming all of your system resources; spyware is a menace to be reckoned with."

    WSJ.com Launches New Law Page and Law Blog

    The Law Page is a new, centralized webpage from which readers may link to a range of information and commentary on law and business related issues that the Journal is aggregating from current content as well as additional sources. This includes news links from Mealey's.com, and a new column, The FLaw, on law firm management (note: most of this content is available by subscription only, but there are also links to WSJ free features). The cornerstone of the content is the new Law Blog.

  • Posting by WSJ Law Blog author Peter Lattman: "Our mission: to scour the universe for compelling stories in two related areas: business and law, and the business of law. Law and business is a broad intersection, encompassing such current news as the Enron trial, the Merck litigation and the RIM patent dispute. The business of law is focused on law firms and in-house law departments. We'll write about industry news and legal trends, with a sprinkle of good old-fashioned gossip." The blogs' RSS feed includes headlines and truncated entries.
  • Permanent Link       Topic(s): Blogs, Marketing
    Declassified Letters by Pelosi and Hayden on NSA Activities Released

    Following up on my December 21, 2005 posting, Pelosi Requests Declassification of Her Letter on NSA Activities, today Congresswoman Pelosi released the text of her letter, along with the response of then National Security Agency (NSA) Director Michael Hayden, both of which have redacted, and date from October 2001.

    Related references:

  • AP: Intelligence Panel Had Clue About Spying

  • Postings on domestic surveillance

  • DHS' Annual Performance Plan, FY 2006

    DHS' Annual Performance Plan, Fiscal Year 2006: Audit prepared by the Department of Homeland Security's Office of the Inspector General (68 pages, PDF)

    Permanent Link       Topic(s): Government Documents
    Ramifications of Proposed Federal Rules On E-Discovery

    Document management systems go to court - New federal rules for 2006 could come down hard on IT:

  • "First, the proposed amendments to Rule 26 will require attorneys for both parties to a litigation in Federal court to sit down prior to the proceedings to discuss their clients’ document management systems....Rule 37(f), also called a safe harbor rule, says that corporations that have lost information but have otherwise acted in good faith cannot be sanctioned."
  • Privacy Issues Impact Posting Personal Data on E-Gov Sites

    Government officials throughout the country are evaluating the risks and benefits of posting personal data about citizens and public official on e-gov sites, such as is increasingly the case with real estate records and court related documents. This Government Technology article reviews the challenges posed by this issue, and the range of responses, and non responses, that have resulted.

    Related references:
    Testimony of Joan Humphrey Lefkow, United States District Judge, Northern District of Illinois, before the Judiciary Committee of the United States Senate, May 18, 2005:

  • "I urge your support for legislation that prohibits the posting of personal information about judges and other public officials on the Internet without written consent"


  • House Judiciary Committee's Subcommittee on Crime, Terrorism, and Homeland Security Testimony, Judge Cynthia Stevens Kent, 114th Judicial District Court, Smith County, Texas. Date of testimony: April 26, 2005. Subcommittee Subject: HR 1751 - A bill to protect judges, witnesses, victims, and their family members and for other purposes:
  • "Public access to certain private information on judges should be limited or pulled, if requested, from public view. For example diagrams of the judge’s homes should not be included on the website of the local tax appraisal district."



  • Patriot Act Reauthorization Fight Returns to Spotlight

  • White House press release today: President Discusses Use and Reauthorization of USA PATRIOT Act

  • AP: Bush Pushes for Patriot Act Renewal


  • From the ALA Washington Office Newsline

    "Please keep up the pressure on members of Congress by encouraging them to continue to fight for the following:
    1. The ability for a Section 215 recipient to pose a meaningful challenge of a FISA Court order.
    2. The ability for a Section 505 recipient to pose a meaningful challenge to a National Security Letter (administrative subpoena).
    3. Language requiring that records sought under a Section 215 order be described with "sufficient particularity" to prevent government fishing expeditions."

    January 02, 2006
    After Much Hype, Is RSS Fatigue Setting In?

    In 2005, there was alot written about RSS, from the standpoint of marketing, enterprise-wide communications, current awareness monitoring, and as an app that perhaps could significantly diminish the use of email. Interesting, therefore, to note this article, It's time to bury RSS. Will 2006 be the year of aggregated feeds?

    The Divide Deepens Over Domestic Surveillance Program

    Several new articles worth highlighting in reference to the domestic surveillance program that has raised vociferous responses from the President, members of Congress, the polls, bloggers, and a range of other sources.

  • Time Magazine, Bush Says, Bring It On; the Critics Will: "...the White House decided its strategy would be to "overwhelm the skeptics, not back off, not change anything about the program and really home in very strongly on the fact that this is a legitimate part of presidential warmaking power..."

  • AP: Bush Calls Domestic Spy Program 'Limited': "...The NSA program is one that listens to a few numbers.."

  • Time Magazine, Has Bush Gone Too Far? The President's secret directive to let the NSA snoop without warrants sets off a furor


  • CNN Late Edition With Wolf Blitzer, January 1, 2005

    BLITZER: So you want hearings? You want hearings?
    [Republican chairman of the Senate Foreign Relations Committee, Richard Lugar of Indiana] LUGAR: I do. I think this is an appropriate time, without going back and should the president have ever tried to listen to a call coming from Afghanistan, probably of course. And in the first few weeks we made many concessions in the Congress because we were at war and we were under attack. We still have the possibility of that going on so we don't want to obviate all of this, but I think we want to see what in the course of time really works best and the FISA Act has worked pretty well from the time of President Carter's day to the current time.

    January 01, 2006
    Domestic Surveillance Data Distributed Among Intel Agencies

    Washington Post (reg. req'd): NSA Gave Other U.S. Agencies Information From Surveillance - Fruit of Eavesdropping Was Processed and Cross-Checked With Databases

    Related reference:

  • Frank Church, Chairman of Select Committee to Study Governmental Operations with Respect to Intelligence Activities - investigates alleged abuse of power by CIA and FBI. See the Church Committee Reports.

  • Domestic Surveillance Program: Opposition Within DOJ and Administration Defense of Actions

    Several news items today regarding the domestic surveillance program revealed in a December 15, 2005 New York Times article, the ramifications of which are subject to Congressional and DOJ investigation, continued commentary and perhaps further response by other judges on the FISA Court.

  • New York Times: Justice Deputy Resisted Parts of Spy Program: The authors of the above referenced article, Eric Lichtblau and James Risen, report that in March 2004 while then AG Ashcroft was in hospital, the acting AG, James B. Comey objected to aspects of the domestic surveillance program.

    Related references:
  • Bush Defends Domestic Spying Program

  • AP: Schumer Seeks Motive in U.S. Spy Probe