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