February 28, 2006
More Info on Port Operations Deal But Decision Still Clouded By Doubts

Follow-up to previous postings on the port operations deal

  • Statement by Vice Adm. Terry Cross on Coast Guard Due Diligence in Support of the CFIUS Process, February 28, 2006
  • .
  • Senate Commerce Committee, Full Committee hearing today: Security of Terminal Operations at U.S. Ports - Links to opening statement and testimony

  • AP: Lawmakers Vow Not to Force Quick Port Vote and Bush renews support for ports deal

  • Jerusalem Post: Dubai ports firm enforces Israel boycott

  • Haaretz.com - ADL to U.S.: Freeze seaport contract with UAE due to Israel boycott

  • Ports' Technology Failure - RFID tags could greatly increase port security by tracking international cargo -- but no one wants to pay for it.

  • U.S. Senator Conrad Burns stated today: "I am not satisfied with the way this decision was made, without adequate congressional involvement. This process needs to be clarified, and all parties involved—the administration, Congress and industry—need to work together each step of the way."
  • Majority of Americans Want Troops Out of Iraq Within the Year

    Released: February 28, 2006 - U.S. Troops in Iraq: 72% Say End War in 2006

    Permanent Link       Topic(s): Internet
    Commentary on China and Net Censorship

    Follow-up to recent postings on Internet companies and operational issues concerning censorship in China, see this commentary from The Nation, America's Online Censors by Rebecca Mackinnon.

    Wartime Executive Power and the NSA's Surveillance Authority II

    Hearing: Wartime Executive Power and the NSA's Surveillance Authority II, Senate Judiciary Committee, Full Committee, February 28, 2006.

  • Statement Of Senator Patrick Leahy, Ranking Member, Judiciary Committee: "Attorney General Gonzales' conduct has made the Bush-Cheney Administration's position crystal clear: It claims there is no place for congressional or judicial oversight of any of its activities in any way related to national security in the post-9/11 world. Through stonewalling, steamrolling and intimidation, this Administration is running roughshod over the Constitution and hiding behind inflammatory rhetoric demanding Americans blindly trust every one of its decisions."

  • Statement of Robert A. Levy, Ph.D., J.D., Senior Fellow in Constitutional Studies, Cato Institute, Washington, D.C.

  • FindLaw's Writ: Why the Bush Administration's Legal Stance on "Don't Ask, Don't Tell" Undermines Its Legal Stance on the NSA's Warrantless Wiretapping

  • Related postings on domestic surveillance
  • New Resource on Nominee to Supreme Court of Canada

    The terrific co-operative blog Slaw posted The Marshall Rothstein Pages, documenting the opinions and writings of the nominee for the Supreme Court of Canada, as well as related news. Thanks to Connie Crosby for the update.

    Permanent Link       Topic(s): Courts, Legal Research
    February 27, 2006
    New York Times Sues Defense For Surveillance Documents

    Follow-up to the article that started the relentless investigation into the issue of domestic surveillance...news this evening that the New York Times has sued the Dept. of Defense pursuant to a FOIA request to obtain documents related to the government's monitoring of citizen communications.

    Senator Introduces Resolution Disapproving Port Operations Deal

    Press release: "Homeland Security and Governmental Affairs Committee Chairman Susan Collins has introduced a resolution disapproving of the deal that would enable Dubai Ports World (DPW) to purchase Peninsular & Oriental (P & O) without an additional national security review and Congressional consultation. The Senator's resolution directs the Committee on Foreign Investment in the United States (CFIUS) to conduct a 45-day investigation to ensure that the sale will not have an adverse effect on national security and to brief Members of Congress on the findings of the investigation before the transaction is allowed to proceed." Senator Collins' floor statement on her resolution is included in this release.

  • Related postings on port operations deal
  • Identity Theft: Protecting Your Good Name

    NPR: Identity Theft - Protecting Your Good Name, February 27, 2006. (17 pages, PDF)

    Permanent Link       Topic(s): Cybercrime, ID Theft, Privacy
    Phishing, Pharming, Key Logging, DDOS Attacks Require Net Users to Remain Vigilant

    New York Times: Cyberthieves Silently Copy Your Passwords as You Type

  • USA Today, Increasing Web attacks disrupt commerce

  • Related postings on cybercrime
  • DHS Releases Data on Port Security Funding But Concern Remains Heightened

    Strengthening Port Security Through a Multi-Layered Strategy, February 24, 2006: "The U.S. Department of Homeland Security has implemented a multi-layered strategy to keep U.S. ports safe and secure. Since 9/11, federal funding for port security has increased by more than 700 percent, new technologies have been deployed, and additional technologies are being developed. To bolster security, $630 million has been provided to our largest ports, including $16.2 million to Baltimore; $32.7 million to Miami; $27.4 million to New Orleans, $43.7 million to New York/New Jersey; and $15.8 million to Philadelphia."

  • AP reports today: "Citing broad gaps in U.S. intelligence, the Coast Guard cautioned the Bush administration weeks ago that it could not determine whether a United Arab Emirates-based company seeking a stake in some U.S. port operations might support terrorist operations."

  • New York Times, Coast Guard Had Concerns About Ports Deal, Papers Show

  • The unclassified text of the Coast Guard intelligence assessment memo.

  • Related postings on port operations deal
  • Katrina Task Force Subcmte. Report From ABA

    "The ABA Standing Committee on Law and National Security, the ABA Section of State and Local Government Law and the ABA Section of Administrative Law and Regulatory Practice have just released a report evaluating current legal authorities available to meet national disasters and emergencies. The purpose of this study was to examine the legal authorities available to guide the preparation and response to a catastrophic incident, whether from terrorism, accident or natural causes." (55 pages, PDF)

  • Related postings on Katrina
  • GAO Reports on DHS Security for Chemical Facilities

    Homeland Security: DHS Is Taking Steps to Enhance Security at Chemical Facilities, but Additional Authority Is Needed, GAO-06-150, January 27, 2006. Highlights.

  • "Terrorist attacks on U.S. chemical facilities could damage public health and the economy. While the Environmental Protection Agency (EPA) formerly led federal efforts to ensure chemical facility security, the Department of Homeland Security (DHS) is now the lead federal agency coordinating efforts to protect these facilities from terrorist attacks."
  • Permanent Link       Topic(s): Government Documents
    DOJ Brief Rebuffs Google's Stance on Data Search Privacy

    Follow-up to postings on Google's ongoing legal battle with DOJ on the release of database search records, CDT provides a PDF copy of the latest round of briefs, Gonzales v. Google, February 24, 2006, 26 pages.

  • See also CNET News.com, Google's Privacy Concerns Unfounded According to Newly Filed Brief: "The Justice Department has denied requesting anything from Google that could threaten the privacy of the search engine's users, as the company recently contended. But by trying to block the government's efforts to review a week's worth of search terms, Google is holding up efforts to protect children...according to a brief filed Friday by the Justice Department."
  • February 26, 2006
    CFIUS Welcomes Dubai Ports World’s Announcement to Submit to New Review

    Follow-up to Calls for Congressional, GAO and Treasury IG Investigations of Port Deal, this announcement from Treasury today: "The Committee on Foreign Investment in the United States (CFIUS) today welcomed the announcement by Dubai Ports World (DPW) that it will submit for review its proposed acquisition of control of U.S. port terminal operations. Specifically, DPW has asked for a CFIUS review, including the 45-day investigation under the Exon-Florio amendment, based on a restructured transaction that the company intends to file with the Committee. Upon receipt of the new notification, CFIUS will promptly initiate the review process and fulfill DPW's request for a full investigation."

  • AP: Bush Accepts DP World's Offer of Review
  • Open Access To Internet Subject of Growing Debate

    Following up on one, two, three recent posting related to increasing focus on issues related to net neutrality, open access, and e-commerce, see an article today from AP: Future of the Internet Highway Debated. It includes a discussion of the commercial, technical and socio-political issues associated with Internet traffic management (packet prioritization - ) the ability to specify different priority levels for different applications).

    NSA Expands Data Mining Progam With Purchase of New Tech Tools

    Follow-up to National Journal Article Claims Curtailed Gov't Surveillance Program Still Active, from today's New York Times, Taking Spying to Higher Level, Agencies Look for More Ways to Mine Data: "...by fundamentally changing the nature of surveillance, high-tech data mining raises privacy concerns that are only beginning to be debated widely. That is because to find illicit activities it is necessary to turn loose software sentinels to examine all digital behavior whether it is innocent or not."

  • Related postings on data mining

  • Related postings on domestic surveillance
  • February 25, 2006
    Recent Decision on Google's Use of Thumbnails May Impact Book Scan Project

    New York times: Ruling May Undercut Google in Fight Over Its Book Scans

    See also this related commentary:

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

  • The Authors Guild v. The Google Print Library Project, by Jonathan Band

  • Decision on Key Documents in Libby Case Pending Judge's Determination

    AP reports that Judge Reggie B. Walton has delayed a pivotal decision on whether Libby's defense may have access to highly classified White House briefing documents. "Walton said he is concerned that Libby's request could "sabotage" the case because President Bush probably will invoke executive privilege and refuse to turn over the classified reports."

  • Related postings on Plame CIA leak case
  • Missing White House E-Mails Pertaining to Libby Case Located

    Follow-up to Correspondence on Libby Indictment Mentions Missing Emails, this report by Jason Leopold states, "The White House turned over last week 250 pages of emails from Vice President Dick Cheney’s office...Sources close to the probe said the White House "discovered" the emails two weeks ago and turned them over to Fitzgerald last week. The sources added that the emails could prove that Cheney lied to FBI investigators when he was interviewed about the leak in early 2004. Cheney said that he was unaware of any effort to discredit Wilson or unmask his wife's undercover status to reporters."

    Related legal documents on Libby case:

  • AP: "Lawyers for Vice President Dick Cheney's former top aide asked a federal judge Thursday to dismiss his indictment on grounds that the special prosecutor in the CIA leak case lacked authority."

  • Libby Motion to Dismiss, Thursday, February 23, 2006 (PDF)

  • Exhibits (PDF)

  • Exhibits A to D (PDF)

  • Exhibit E (PDF)

  • Exhibit F (PDF)

  • Exhibits G to I (PDF)

  • Proposed order (PDF)

  • February 24, 2006
    Calls for Congressional, GAO and Treasury IG Investigations of Port Deal

    Press release: "Congresswoman Marcy Kaptur (OH-9), a strong opponent of the outsourcing of U.S. port operations to foreign owned firms, today called for investigations by both the House Government Reform Committee and the Treasury Inspector General into the Bush Administration's approval of the management of U.S. ports by Dubai Ports World. Kaptur also asked the Treasury Inspector General to review any conflict of interest regarding the participation of Treasury Secretary John Snow who chairs the Committee on Foreign Investments, the group which approved the recent contract with Dubai Ports World."

  • Top Homeland Security Democrat Calls for GAO Investigation Into Dubai Port Management Approval

  • Press release: "Senator Patrick Leahy, D-Vt., the ranking member of the Judiciary Committee, on Friday sent a letter to Attorney General Alberto Gonzales seeking more information about the Administration's approval of the deal that turns operations of six U.S. ports over to Dubai Ports World, a company owned by The United Arab Emirates."

  • From Treasury today this, Dubai-P&OE-F Fact Sheet: CFIUS and the Protection of the National Security in the Dubai Ports World Bid for Port Operations


  • Related news:
  • AP: Bush Admin. Won't Reconsider Ports Deal

  • Port Authority of New York and NJ Sue to Block Operations Deal

  • AP: Homeland Security Objected to Ports Deal

  • Postings on port operations deal

  • National Journal Article Claims Curtailed Gov't Surveillance Program Still Active

    TIA Lives On, by Shane Harris, National Journal, Thursday, Feb. 23, 2006: "A controversial counter-terrorism program, which lawmakers halted more than two years ago amid outcries from privacy advocates, was stopped in name only and has quietly continued within the intelligence agency now fending off charges that it has violated the privacy of U.S. citizens."

  • See related postings on the Total Information Awareness program

  • Related postings on domestic surveillance
  • Biosecurity and Biodefense Resource

    "The Federation of American Scientists has created an internet resource for biosecurity policy, bioterrorism information, and biodefense research. The organizations listed here represent various perspectives on what actions individual scientists, research institutions, science journals, the public, and government can do to minimize the threat of bioterrorism while maximizing the benefits of life science research."

    DOD Report: Measuring Stability and Security in Iraq

    DoD Press release: Report Charts Iraqi Political, Economic, Security Progress

  • Measuring Stability and Security in Iraq, Report to Congress, February 2006 (57 pages, PDF)

  • New York Times - earlier today ran this headline, U.S. Envoy in Baghdad Says Iraq Is on Brink of Civil War. The headline was removed, and later this ariticle ran, As Violence Ebbs, Iraqi Leaders Seek to Contain the Crisis: "But Iraqi leaders and American officials seemed acutely aware that the violence in which dozens of Sunni mosques were attacked and damaged could still push Iraq into a catastrophic civil war."

  • And in the February 25, 2006 New York Times, see Religious Strife Shows Strength of Iraq Militias: "The recent violence has demonstrated the power that the many militias in Iraq have to draw the country into a full-scale civil war."
  • Permanent Link       Topic(s): Government Documents
    Commentary Focuses on Civil Liberties Issue in Domestic Surveillance Controversy

    Why Should Anyone Worry About Whose Communications Bush and Cheney Are Intercepting, If It Helps To Find Terrorists? by John W. Dean

  • "Here, I will look only at the issue of whether the average American has anything to truly be worried about, as NSA electronically sifts through endless digital exchanges to find the proverbial needle-in-a-haystack."

  • Postings on domestic surveillance
  • Gov't Docs on the Web: Now You See Them, Now You Don't

    Follow-up to February 22, 2006 posting, Agency Documents Increasingly Withheld From Public Access Through Sensitive Designation, see this press release the same day from NARA:

  • "As part of an ongoing review of the reclassification of documents at the National Archives, Archivist of the United States Allen Weinstein said, "Inappropriate declassification can subject our citizens, our democratic institutions, our homeland security, and our interactions with foreign nations to potential harm. Inappropriate classification (and reclassification) needlessly disrupts the free flow of information and can undermine our democratic principles which require that the American people be informed of the activities of their Government. This is not an either/or challenge. Deliberate, continuous effort is required to succeed at both. The American people expect and deserve nothing less and the National Archives is determined to fulfill its role in this process."
  • America's Pressing Challenge - Building a Stronger Foundation

    The National Science Board has released its biennial report to the President, Science and Engineering Indicators 2006, and a companion document, America's Pressing Challenge - Building a Stronger Foundation.

  • America's Pressing Challenge — Building a Stronger Foundation: "Nearly a quarter century ago, the National Science Board's Commission on Precollege Education in Mathematics, Science and Technology[1] assessed the state of U.S. precollege education in the subject fields and found it wanting. In the intervening years, we have failed to raise the achievement of U.S. students commensurate with the goal articulated by that Commission—that U.S. precollege achievement should be "best in the world by 1995"—and many other countries have surpassed us."

  • Science and Engineering Indicators 2006
  • National Archives and Google Launch Pilot Project to Digitize and Offer Historic Films Online

    NARA press release: "Archivist of the United States Allen Weinstein and Google Co-Founder and President of Technology Sergey Brin today announced the launch of a pilot program to make holdings of the National Archives available for free online. This non-exclusive agreement will enable researchers and the general public to access a diverse collection of historic movies, documentaries and other films from the National Archives via Google Video as well as the National Archives website."

    February 23, 2006
    Port Operations Deal Delayed in Response to Intense Criticism

    The following articles appear in the February 24, 2006 New York Times:

  • Dubai Company Delays New Role at Six U.S. Ports

  • Port Agency Tries to Block Dubai Sale

  • U.S. Companies Not Big in Port Industry

  • Related postings on the port controversy
  • Permanent Link       Topic(s): Government Documents
    FTC Announces Settlement in Security Breach Violation Case

    FTC press release: "In the largest known compromise of financial data to date, CardSystems Solutions, Inc. and its successor, Solidus Networks, Inc., doing business as Pay By Touch Solutions, have agreed to settle Federal Trade Commission charges that CardSystems' failure to take appropriate security measures to protect the sensitive information of tens of millions of consumers was an unfair practice that violated federal law. According to the FTC, the security breach resulted in millions of dollars in fraudulent purchases. The settlement will require CardSystems and Pay By Touch to implement a comprehensive information security program and obtain audits by an independent third-party security professional every other year for 20 years."

    Related documents:

  • Keynote Address to State of California Identity Theft Summit Teaming Up Against Identity Theft, Chairman Deborah Platt Majoras, Los Angeles, CA, February 23, 2006 (14 pages, PDF)

  • In the Matter of CardSystems Solutions, Inc., and Solidus Networks, Inc., Doing Business as Pay By Touch Solutions, File No. 052 3148

  • Guide to Port Databases Online

    Guide to Port Databases Online (compiled by Nathan Estey, posted by Michael Ravnitzky)

  • World Port Index - compiled by the U.S. National Geospatial Intelligence Agency. It doesn't indicate who owns each port but U.S. Representative may indicate foreign ownership.

  • list of port websites by country:
    (only a small percentage of ports have web sites) Look under "ports" and retrieve using the country pull down menu

  • Another list of port web sites, accessible via map interface

  • A more useful list

  • And for the rest of the world

  • A ports database with useful info, especially if you drill into the data. Such as links for financial information, doing business with, etc.
    Many overseas links are dead though.

  • And also, Seaports of the Americas
  • Permanent Link       Topic(s): Internet
    Committee on Foreign Investments in the United States (CFIUS)

    Committee on Foreign Investments in the United States (CFIUS)

  • "The United States has traditionally welcomed Foreign Direct Investment (FDI) and provided foreign investors fair, equitable and nondiscriminatory treatment with few limited exceptions designed to protect national security. The Exon-Florio provision is implemented within the context of this open investment policy. The intent of Exon-Florio is not to discourage FDI generally, but to provide a mechanism to review and, if the President finds necessary, to restrict FDI that threatens the national security. The Exon-Florio provision is implemented by the Committee on Foreign Investment in the United States ("CFIUS"), an inter-agency committee chaired by the Secretary of Treasury. CFIUS seeks to serve U.S. investment policy through thorough reviews that protect national security while maintaining the credibility of our open investment policy and preserving the confidence of foreign investors here and of U.S. investors abroad that they will not be subject to retaliatory discrimination."



  • Related documents:
  • International Investment and Trade in Services Survey Act, 22 U.S.C. 3101

  • CRS Report, The Exon-Florio National Security Test for Foreign Investment, July 15, 2005 (6 pages, PDF) - Summary: "The proposed acquisition of Unocal by the China National Offshore Oil Corporation (CNOOC) has sparked intense concerns among some Members of Congress and the public and has reignited the debate over what role foreign acquisitions play in U.S. national security. While the United States actively promotes internationally the policy of relaxing rules concerning foreign investment, including the national treatment of foreign firms, some in Congress and others question some aspects of this policy as it relates to allowing foreign competitors unlimited access to the Nation's industrial base. Much of this debate focuses on the activities of a relatively obscure committee, the Committee on Foreign Investment in the United States (CFIUS) and the Exon-Florio provision, which gives the President broad powers to block certain types of foreign investment. This report will be updated as warranted by events."

  • FTC Puts Business Directory Scam out of Business

    Press release: "A Canadian defendant and his business are permanently banned from selling business directories and listings in those directories to U.S. consumers. To settle the Federal Trade Commission charges they were fraudulently telemarketing directories and listings, the defendant and his mother, another director of the business, will also forfeit all rights to uncashed checks they received because of their scheme. The FTC will be able to return to U.S. consumers those checks that have been seized from the defendants' U.S. mailboxes, worth more than $36,000."

  • Related Documents: 9125-8954 Quebec Inc., d.b.a. Global Management Solutions, a Canadian corporation; et al., FTC v. (United States District Court Western District of Washington At Seattle), File No. 032-3259, Civil Action No. CV-005-0265

  • Related FTC resource: Business Directory Scams Try to 'Give You the Business'
  • Permanent Link       Topic(s): Government Documents
    February 22, 2006
    Dow Jones Announces Reorganization to Leverage Digital Media

    New York Times: Dow Jones Plans to Merge Online and Print Divisions

    Index to University Sponsored Open Access Repositories to Journals and Research Materials

    This DSpace Wiki hosts an alphabetical listing of college and university sponsored searchable, open source repositories, from around the world. Content includes a wide range of topics: biomedical and health sciences, theses, business and economics, library science, history, education, art, architecture, and engineering. Take a look. This is a terrific resource. [Metafilter]

    New EU Job Portal

    EURES - The European Job Mobility Portal: The easy way to find information on jobs and learning opportunities in Europe.

    Related resources:

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

  • Job Swaps and Library Exchanges, by Katie Thomas

  • New York Times, A World of Affordable Choices - includes websites for locating jobs abroad, as well as links to real estate websites for rentals and purchases in locations including Mexico City, Buenos Aires, Paris, Shanghai and Montreal.
  • Agency Documents Increasingly Withheld From Public Access Through Sensitive Designation

    From OMB Watch: "The explosion in the use by federal agencies of Sensitive But Unclassified (SBU) designations to withhold information since the 9/11 terrorist attacks has resulted in uneven policies across agencies and unnecessary restrictions on public access to information, according to a recent American Bar Association report. Such problems have manifested themselves in Connecticut, where state officials are trying to access, and make public, safety information pertaining to a liquefied natural gas (LNG) plant, in order to determine and reduce any risk to the public posed by the plant." [thanks m.r.]

    USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271)

    CRS Report: USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 (S. 2271) - "S. 22711 amends the Foreign Intelligence Surveillance Act (FISA) and the five federal statutes providing national security letter (NSL) authority to federal intelligence investigators in the following manner: (1) it grants recipients of a Section 215 order the express right to petition a FISA judge to modify or quash the nondisclosure requirement that accompanies such an order; (2) it removes the requirement that recipients of Section 215 orders or recipients of NSLs must provide the FBI or the authorized government authority with the name of the attorney they consulted to obtain legal advice concerning the production order or the NSL; and (3) it clarifies that libraries, the services of which include offering patrons access to the Internet, are not subject to NSLs, unless they are functioning as electronic communication service providers."

  • Postings on Patriot Act

  • EU Approves New Data Retention Directive

  • EU press release, 21 February 2006 (21 pages, PDF)
  • See also EU action plan on combatting terrorism, 13 February 2006 (38 pages, PDF)
  • Bipartisan Outcry Over Port Operations Deal Shows No Signs of Abating

    Follow-up to yesterday's posting, Proposed Sale of Port Operations Raises Serious Concerns on the Hill, related news and government documents, as the controvery escalates:

  • AP: Arab Co., White House Had Secret Agreement

  • New York Times: Big Problem, Dubai Deal or Not - "I'm not worried about who is running the New York port," one senior inspector for the International Atomic Energy Agency said, insisting he could not be named because the agency's work is considered confidential. "I'm worried about what arrives at the New York port."

  • Bush Unaware of Ports Deal Before Approval

  • U.S., UAE Have Sensitive Relationship - "The United Arab Emirates is a U.S. military partner in the global war on terrorism, but the relationship is so politically sensitive in the UAE that the Pentagon does not openly discuss details."

  • Quotes on Port Security from cabinet officals and members of Congress.

  • Bush Port Defiance Fuels Bipartisan Anger

  • Roll Call ($) reports that "White House officials were expected to brief national security advisers to Senate Majority Leader Bill Frist (R-Tenn.) today, hoping to squelch increased opposition on Capitol Hill to approval of a port management contract for a company based in the United Arab Emirates, a senior GOP aide said."

  • Mayor O'Neill (on behalf of U.S. Conference of Mayors) Sends Port Security Letters (in PDF) to Congress, Administration: House | Senate | Administration (2/21).

  • CNN - White House: Port deal should have gone to Congress earlier - UAE firm hires Dole to lobby amid bipartisan concern about takeover.

  • White House Press Briefing by Scott McClellan, February 22, 2006 - Port decision
  • Army Issues New Rule on Freedom of Information Act Program

    SUMMARY: The Department of the Army is revising our rule in support of the Freedom of Information Act as required by public law and updating the provisions for access and release of information from all Army information systems (automated and manual) that further supports the Army's Records Management Program. This rule finalizes the proposed rule that was published in the Federal Register on December 28, 2004. [Federal Register: February 22, 2006 (Volume 71, Number 35)][Rules and Regulations][Page 9221-9254] (34 pages, PDF)

    Guide to Features in Latest IE7 Beta

    Inside Look: Internet Explorer 7, Beta 2, by Wei-Meng Lee

    Permanent Link       Topic(s): Microsoft, RSS, Search Engines
    Report Calls for Stronger Privacy Laws In Response to Increased Surveillance

    CDT: "A new report by CDT details a widening gap between the technology that collects sensitive personal data and the laws designed to protect that data against government misuse. The National Security Agency's domestic spying program, the Justice Department's efforts to obtain millions of Internet search records, the government's use of cell phones to track suspects, and other developments highlight the law's failure to keep pace with technological advances, according to "Digital Search & Seizure: Updating Privacy Protections to Keep Pace with Technology." Stronger laws are needed to ensure that Americans retain their constitutional privacy protections, the report finds."

  • CDT Press Release: Digital Technology Makes Surveillance Easier; Stronger Laws Needed, Report Finds February 22, 2006

  • CDT Report: Digital Search and Seizure [PDF]

  • Fourth Amendment Basics

  • Postings on domestic surveillance
  • February 21, 2006
    Advocacy Group Targets Attorneys in Controversy Over Purchase of Cell Phone Records

    EPIC: "In a letter sent to state ethical and professional responsibility boards, EPIC warned that there is mounting evidence that attorneys are major purchases of "pretexting" services. Pretexting is the practice of using false pretenses to trick a company into releasing personal information. EPIC urged state boards to evaluate pretexting under ethics rules, and to issue opinions to attorneys advising them not to pretext or hire investigators who use pretexting to obtain information."

    Related references:

  • National Law Journal: Who surfs for cell records? Lawyers

  • Postings on sale of cell phone records; includes recent congressional response and actions.

  • Permanent Link       Topic(s): Congress, E-Commerce, Privacy
    NARA Final Rule on Disposition of Short-Term E-Records

    "Summary: NARA is revising our regulations to provide for the appropriate management and disposition of very short-term temporary e-mail, by allowing agencies to manage these records within the e-mail system." Federal Register, February 21, 2006 (Volume 71, Number 34)] [Rules and Regulations][Page 8806-8808].

    President's Earmarks Are Costly, But Hard to Track

    WSJ free feature today: In Search of Presidential Earmarks Pork, a Capitol Hill Staple, Also Is White House Custom, But Much Tougher to Track.

  • CRS report referenced in the WSJ article, via FAS: Earmarks in Appropriation Acts: FY1994, FY1996, FY1998, FY2000, FY2002, FY2004, FY2005, January 26, 2006.

  • And see this February 15, 2005 article on LLRX.com: CongressLine by GalleryWatch.com - The Earmark - Part 1. "Paul Jenks discusses the primary method by which Members of Congress and Senators deliver the bacon home to their constituents."
  • Proposed Sale of Port Operations Raises Serious Concerns on the Hill

    Press release: "Senator Susan Collins, Chairman of the Senate Committee on Homeland Security and Governmental Affairs and Ranking Member Joseph Lieberman sent letters today to Department of Homeland Security Secretary Michael Chertoff and Department of Treasury Secretary John Snow expressing "serious concerns" with the proposed sale of operations at six major U.S. ports to Dubai Ports World (DPW), a company owned by the Dubai-government. The letter was also signed by Senators Norm Coleman (R-MN), Chairman of the Permanent Subcommittee on Investigations and Ranking Member Carl Levin (D-MI)."

  • AP: Bush Shrugs Off Objections to Port Deal

  • AP: Frist to Offer Bill Halting U.S. Port Deal

  • Press release: "Sen. Chuck Grassley, chairman of the Committee on Finance, with jurisdiction over international trade, today questioned the selling of the management of six key U.S. ports to a United Arab Emirates-owned company. Grassley expressed concern to the Treasury secretary that the deal may compromise national security and trade security."

  • White House press release: President Discusses Port Security, February 21, 2006.

  • New York Times: Bush Would Veto Any Bill to Halt Dubai Port Deal

  • The Hill: Showdown over ports
  • Security Issues Escalate With Popularity of Handheld Devices

    New York Times: Too Many New Gadgets, Too Much Information at Risk: Loss, theft and viruses are major issues as corporate use of handheld devices and pocket PCs increases. Pre-emptive security options are available however, as this article describes.

    Gov. Docs. Available to the Public Reclassified and Access Denied

    National Security Archive press release: "The CIA and other federal agencies have secretly reclassified over 55,000 pages of records taken from the open shelves at the National Archives and Records Administration (NARA), according to a report published today on the World Wide Web by the National Security Archive at George Washington University. Matthew Aid, author of the report and a visiting fellow at the Archive, discovered this secret program through his wide-ranging research in intelligence, military, and diplomatic records at NARA and found that the CIA and military agencies have reviewed millions of pages at an unknown cost to taxpayers in order to sequester documents from collections that had been open for years."

  • New York Times: U.S. Reclassifies Many Documents in Secret Review
  • February 20, 2006
    Free Written Opinions From Some District Courts Now Available Via PACER

    Pacer press release: "In the spirit of the E-Government Act of 2002, modifications have been made to the District Court CM/ECF system to provide PACER customers with access to written opinions free of charge. The modifications also allow PACER customers to search for written opinions using a new report that is free of charge. Written opinions have been defined by the Judicial Conference as "any document issued by a judge or judges of the court sitting in that capacity, that sets forth a reasoned explanation for a court's decision." The responsibility for determining which documents meet this definition rests with the authoring judge."

  • See also the quick Searching for a Case in PACER, Janaury 2006
  • Report on the Response to Hurricane Katrina

    "GPO Access is providing a link to a preprint version of "A Failure of Initiative: Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina" that is hosted on the servers of the Committee. Users should note that this version is not final and is subject to changes and updates at unknown frequencies. The final, official version of the Report, expected in early April and coinciding with the delivery of the official printed version of the Report, will be hosted on GPO Access servers."

  • Report on the Response to Hurricane Katrina (379 pages, PDF)

  • Related postings on Katrina
  • FDIC OIG Business Plan

    "The Business Plan for the Office of Inspector General (OIG) at the Federal Deposit Insurance Corporation (FDIC)...combines the Strategic Plan for fiscal years 2006 through 2011 and Performance Plan for fiscal year 2006....The FDIC OIG is an independent and objective unit established under the Inspector General Act of 1978, as amended (IG Act). The OIG's mission is to promote the economy, efficiency, and effectiveness of FDIC programs and operations, and protect against fraud, waste, and abuse to assist and augment the FDIC's contribution to stability and public confidence in the nation's financial system. In carrying out its mission, the OIG conducts audits, evaluations, and investigations; reviews existing and proposed legislation and regulations; and keeps the FDIC Chairman and the Congress currently and fully informed of problems and deficiencies relating to FDIC programs and operations."

  • Office of Inspector General 2006 Business Plan (53 pages, PDF)
  • February 19, 2006
    Managing Cybersecurity Resources

    Managing Cybersecurity Resources: A Cost-Benefit Analysis "details guidelines for using sound and measurable principles of cost-benefit analysis, as a compliment to gut instinct, to efficiently allocate and manage cybersecurity resources within your organization. Written by two globally acknowledged leaders in the increasingly critical area of cybersecurity (Lawrence A. Gordon and Martin P. Loeb), this comprehensive exploration presents:

  • Key issues that impact the management of cybersecurity resources
    An economic framework for achieving sufficient cybersecurity protection

  • The role risk plays in allocating cybersecurity resources

  • A generic approach for making the business case for securing funding deemed necessary

  • The growing role of cybersecurity in protecting national security."
  • Top Defense and Homeland Security Officials Shun Email

    They Haven’t Got Mail - The Katrina hearings haven’t only revealed critical information about White House responses to the hurricane. They’ve also uncovered the online secrets of Donald Rumsfeld and Michael Chertoff: "...congressional investigations of government responses to Hurricane Katrina have revealed that two of the nation's key crisis managers, the secretaries of Defense and Homeland Security, do not use e-mail...Spokesmen for the two officials maintain that Rumsfeld and Chertoff were kept informed during Katrina the same way as they keep in touch during other crises: through aides and a variety of other communications methods..."

  • House Releases Lengthy, Scathing Report on Govt's Flawed Response to Katrina, and other related postings on Katrina.
  • February 18, 2006
    Study of State Voter Registration Database Security

  • Press release, Association for Computing Machinery, February 16, 2006: "Citing the danger of voter fraud and disenfranchisement from poorly implemented databases, a committee of experts commissioned by USACM released a report today making almost 100 recommendations to state and local officials charged with creating and managing statewide voter registration databases (VRDs). The report is a comprehensive "soup-to-nuts" look at challenges elections officials face in making sure databases are accurate, private, usable, secure, and reliable."

  • Statewide Databases of Registered Voters: Study Of Accuracy, Privacy, Usability, Security, and Reliability Issues commissioned by the U.S. Public Policy Committee of the Association for Computing Machinery, February 2006 (60 pages, PDF)

  • Help America Vote Act

  • Related postings on e-voting
  • The Mashup of MSM and Blogs

    New York Times: That Which We Call a Blog...

  • Referenced in the article is the recent Technorati posting on how many blogs the site is now tracking.
  • Permanent Link       Topic(s): Blogs
    Minutes of the Legislative Reference Service, 1947-1953

    More terrific research by Michael Ravnitzky has been posted to the Memory Hole. Minutes of the Legislative Reference Service, 1947-1953, The Forerunner of the Congressional Research Service (26 pages, PDF).

    February 17, 2006
    Google Responds to DOJ 's Motion to Comply With Data Demand

    Following up on a controversial demand made by DOJ to major search engine companies for extensive database records, Google this afternoon posted the following response on their official blog: "In August, Google was served with a subpoena from the U. S. Department of Justice demanding disclosure of two full months' worth of search queries that Google received from its users, as well as all the URLs in Google's index. We objected to the subpoena, which started a set of legal procedures that puts the issue before the Federal courts. Below is the introduction to our response to the Department of Justice's motion to the court to force us to comply with the subpoena. You can find the entire response here. (This is a 25-page PDF file.)"

  • ACLU Urges Court to Reject Governments Bid for Google Records
  • ACLU's legal papers opposing the government's demand for Google's records


  • Related links to a chronology of events pertaining to this issue:
  • Google Fights DOJ Order to Produce Records of Database Searches

  • MSN Blog Post Explains Search Data Provided to DOJ

  • New Bill Requires Websites to Destroy User Data That Compromises Privacy

  • Commentary on Government Search Engine Data Collection Highlights Privacy Issues

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

  • GAO Report on Hospitals and Nursing Homes' Disaster Preparedness

    Disaster Preparedness: Preliminary Observations on the Evacuation of Hospitals and Nursing Homes Due to Hurricanes, GAO-06-443R, February 16, 2006.

  • "During disasters, administrators of health care facilities are faced with decisions about how to operate and care for patients, including when and how to evacuate patients if the facility becomes unable to support adequate care, treatment, or services. Hospitals and nursing homes are required to have plans in place that describe how they will operate during emergencies. Hurricanes Katrina and Rita were incidents of national significance that highlighted the challenges involved in evacuating vulnerable populations, including those in hospitals and nursing homes."
  • DHS OIG Report on Corporate Integrity Agreements

    Corporate Integrity Agreements (CIAS) and Settlement Agreements with Integrity Provisions, 2/16/06.

    Permanent Link       Topic(s): Government Documents
    Fitzgerald Contends Libby Using Graymail Defense

    AP, Judge Weighs Libby's Request for Documents - The special prosecutor contends that Libby's demand for unprecedented access to an extensive range of classified White House documents "is a transparent effort at 'greymail'."

    Relevant government documents (via firedoglake):

  • The Classified Information Procedures Act (CIPA)

  • Synopsis of Classified Information Procedures Act (CIPA)

  • Transcript of the CIPA hearing, February 3, 2006 (11 pages, PDF via Crooks and Liars), U.S. v. Lewis Libby, District Court, DC



  • Related postings:
  • Declassifying Gov. Docs. For Libby Defense

  • Libby Request for Classified Docs. Triggers More Secrecy

  • Correspondence on Libby Indictment Mentions Missing Emails

  • February 16, 2006
    FTC Announces Reforms to the Merger Review Process

    FTC press release: "The primary reforms to the merger review process establish presumptions that the FTC will: (1) limit the number of employees required to provide information in response to a second request, provided the party complies with specified conditions; (2) reduce the time period for which a party must provide documents in response to the second request; (3) allow a party to preserve far fewer backup tapes and produce documents on those tapes only when responsive documents are not available through more accessible sources; and (4) significantly reduce the amount of information parties must submit regarding documents they consider to be privileged."

  • Reforms to the Merger Review Process: Announcement By Deborah Platt Majoras, Chairman, Federal Trade Commission (February 16, 2006), Text of the Announcement (31 pages, PDF)
  • More NASA Personnel Report on Limiting Public Access to Global Warming Docs.

    Follow-up to a series of recent postings on the growing controversy concerning NASA's policy to limit public access to accurate scientific documents on global warming.

  • New York Times - Call for Openness at NASA Adds to Reports of Pressure: "Top political appointees in the NASA press office exerted strong pressure during the 2004 presidential campaign to cut the flow of news releases on glaciers, climate, pollution and other earth sciences, public affairs officers at the agency say."

  • WSJ free feature: Statement Acknowledges Some Government Scientists See Link to Global Warming: "Amid a growing outcry from climate researchers in its own ranks, the National Oceanic and Atmospheric Administration backed away from a statement it released after last year's powerful hurricane season that discounted any link to global warming."


  • Previous beSpacific postings on this issue:
  • Gov't Censorship of Global Warming Data Includes NASA and NOAA

  • Misinformation Issues At NASA Result in Resignation Amidst Continued Controversy

  • NASA Chief Calls for "Scientific Openness" Amidst Claims of Gov't Secrecy

  • Gov't Climate Change Expert Contends Censorship of Data

  • UN Report Calls on US to Close Guantanamo Bay Prison

    "Five independent investigators of the United Nations Commission on Human Rights are calling on the United States to close immediately the detention centre in Guantánamo Bay and bring all detainees before an independent and competent tribunal or release them." (The report, 54 pages, PDF).

  • White House response to the report, Press Briefing by Scott McClellan, February 16, 2006: "First of all, the U.N. team that was looking into this issue did not even visit Guantanamo Bay. They did not go down and see the facilities. They were offered the same kind of access that congressional leaders, who are responsible for oversight of these matters, have been provided. Yet, they declined to go down there. I think that what we are seeing is a rehash of allegations that have been made by lawyers representing some of these detainees. We know that these are dangerous terrorists that are being kept at Guantanamo Bay. They are people that are determined to harm innocent civilians, or harm innocent Americans. They were enemy combatants picked up on the battlefield in the war on terrorism. They are trained to provide false information. And al Qaeda training manuals talk about ways to disseminate false information and hope to get attention."

  • New York Times: U.N. Report Calls for End to Guantánamo Detentions

  • LA Times (reg. req'd): White House Rejects U.N. Report Calling for Guantanamo Closure
  • Permanent Link       Topic(s): Government Documents
    DOJ Creates Roadblocks To Spy Program Investigations

    Follow-up to yesterday's posting, Investigation into Domestic Spying Program Blocked, today AP reports Justice Argues Against Ashcroft Testimony, and the New York Times reports Senate Panel Decides Against Eavesdropping Investigation, at Least for Now.

  • From AP, this report tonight that addresses the complicated issues involved in the continuing struggle involving the administration, members of Congress and advocacy groups over the release of government documents pertaining to the domestic surveillance program.

  • Judge Orders Release of DOJ Docs. on NSA Domestic Surveillance

    "In response to a Freedom of Information Act lawsuit (PDF) filed by EPIC, a federal judge has ordered (PDF) the Department of Justice to process and release documents related to the Bush Administration's warrantless surveillance program by March 8. It is the first court opinion addressing the controversial domestic spying operation. "President Bush has invited meaningful debate about the warrantless surveillance program," U.S. District Judge Henry H. Kennedy wrote. "That can only occur if DOJ processes [EPIC's] FOIA requests in a timely fashion and releases the information sought."

  • Related postings on domestic surveillance
  • Report Reviews Responding to Academic Network Security Threats

    Responding to Security Incidents on a Large Academic Network: by Jamie Riden 02/14/06 (9 pages, PDF). "This paper describes a series of security incidents on a large academic network, and the gradual evolution of measures to deal with emerging threats."

    Permanent Link       Topic(s): Cybercrime, PC Security
    DHS OIG Report on Information Security Management

    DHS Has Not Implemented An Information Security Program for Its Intelligence Systems (Unclassified Summary) (PDF, 3 pages), 2/16/2006.

    Accessibility Resources On the Internet

    From Marcus P. Zillman, news of his latest Accessibility Resources White Paper Link Compilation.

    GAO Reports Using Wage Data to Identify Potential Illegal Work Activity

    Social Security Numbers: Coordinated Approach to SSN Data Could Help Reduce Unauthorized Work, GAO-06-458T, February 16, 2006. Highlights.

  • "Congress asked GAO to discuss how federal agencies can better share reported earnings data to identify unauthorized work. Specifically, this testimony addresses two issues: (1) the Social Security data that could help identify unauthorized employment and (2) coordination among certain federal agencies to improve the accuracy and usefulness of such data."

  • Permanent Link       Topic(s): Government Documents
    VP's Power to Classify and Declassify Information Under Scrutiny

    Follow-up to yesterday's posting, Declassifying Gov. Docs. For Libby Defense, today Steven Aftergood provides a detailed analysis of the powers of the President and Vice President, respectively, in declassifying national security information. As Steven explains, Executive Order 13292, issued by President Bush, contains language that "dramatically elevates the Vice President's classification authority to that of the President..." However, Aftergood notes that the VP's authority to declassify documents atuhored by other executive branch agency heads (such as CIA) is not necessarily clear. Please refer to his posting for more details.

    February 15, 2006
    Declassifying Gov. Docs. For Libby Defense

    Follow-up to postings on Plame CIA leak [see specifically Cheney 'Authorized' Libby to Leak Classified Information,
    by Murray Waas, National Journal, Thursday, Feb. 9, 2006], tonight AP reports: "Vice President Dick Cheney disclosed Wednesday that he has the power to declassify sensitive government information, authority that could set up a criminal defense for his former chief of staff, I. Lewis "Scooter" Libby."

    EU Commission Directive on Data Transfer

    Commission Staff Working Directive, 20/1/06.

    Permanent Link       Topic(s): EU Data Protection
    Cmte. Sends Letters Seeking Info on Data Brokers' Business Activities

    Follow-up to House Cmte. Seeks Operations Docs. from Websites Selling Cell Phone Records, "House Energy and Commerce Committee investigators have identified people behind 22 Web pages that may offer criminals, stalkers and any other paying customer the detailed records of a person's private telephone calls."

  • Press release today: "Energy and Commerce Committee Chairman Joe Barton, R-Texas; the committee's ranking member, U.S. Rep. John Dingell, D-Mich.; Oversight and Investigations Subcommittee Chairman Ed Whitfield, R-Ky.; and the subcommittee's ranking member, U.S. Rep. Bart Stupak, D-Mich., today sent letters demanding that the companies provide information about the cottage industry."
  • The Internet in China: A Tool for Freedom or Suppression?

    House of Representatives Committee on International Relations, Subcommittee on Africa, Global Human Rights and International Operations, February 15, 2006 Hearing, The Internet in China: A Tool for Freedom or Suppression?

    Links to statements and testimony below are in PDF:

  • The Honorable Christopher H. Smith, The Honorable James A. Leach, Mr. James Keith, The Honorable David Gross, Mr. Michael Callahan (Senior VP & GC, Yahoo! - testimony in HTML), Mr. Jack Krumholtz (Microsoft), Elliot Schrage (VP, Google -- note, his testimony was posted on the Official Google blog in HTML), Mr. Mark Chandler (Senior VP and GC, Cisco Systems), Ms. Libby Liu (Radio Free Asia), Mr. Xiao Qiang, Ms. Lucie Morillon (Reporters Without Borders), Mr. Harry Wu, Ms. Sharon Hom

  • Related legislation from the House, introduced February 14, 2006: Global Online Freedom Act of 2006 (26 pages, PDF)


  • Related news:
  • New York Times, House Member Criticizes Internet Companies for Practices in China: "In a crowded House hearing room, Representative Christopher H. Smith, Republican of New Jersey, unleashed a scathing condemnation of four American Internet and technology companies — Google, Yahoo, Microsoft and Cisco — for a "sickening collaboration" with the Chinese government and for "decapitating the voice of the dissidents" there."

  • Online Firms Facing Questions About Censoring Internet Searches in China

  • AP: Congress Chides 4 Companies Over China

  • UK Times Online: Google and Yahoo face their Congressional critics

  • From Danny O'Brien, Electronic Frontier Foundation, open letter to the Committee, A Code of Conduct for Internet Companies in Authoritarian Regimes, February 15, 2006: "In considering how these companies might construct their services to best serve global human rights, we believe that simple guidelines, consciously followed, could significantly limit the damage caused by corporate engagement with these regimes..."

  • BusinessWeek.com - The Web and China: Not So Simple - Google, Yahoo, and Microsoft say they face a stark choice: Conform to Beijing's edicts or quit the market. The truth is much more complicated

  • January-February 2006 Legal Affairs, The latest American technology helps the Chinese government and other repressive regimes clamp down, by Derek Bambauer, fellow at the Berkman Center for Internet & Society at Harvard Law School


  • Related information on domestic surveillance that was also the topic of discussion at the above referenced hearing today:
  • Declan McCullagh reports, "Under cross-examination during a congressional hearing, Yahoo's top lawyer refused on Wednesday to say whether the company opens its records for government surveillance without a court order." Declan's article includes an edited transcript of the exchange between Rep. Brad Sherman and Yahoo GC Michael Callahan on the NSA issue.

  • Also, Politicians lash out at tech firms over China, by Anne Broache and Declan McCullagh

  • Related postings on domestic surveillance

  • Gov't Terrorism Database Raises Questions About Domestic Surveillance

    Washington Post (reg. req'd), 325,000 Names on Terrorism List - Rights Groups Say Database May Include Innocent People: "The National Counterterrorism Center maintains a central repository of 325,000 names of international terrorism suspects or people who allegedly aid them, a number that has more than quadrupled since the fall of 2003, according to counterterrorism officials."

  • Related postings on domestic surveillance
  • Surfing the Web - Just for Fun

    Pew Internet Project Data Memo, Growing Numbers Surf the Web Just for Fun, 2/15/2006, by Senior Research Fellow Deborah Fallows: "Nearly a third of internet users go online on a typical day for no particular reason, just for fun or to pass the time. Two-thirds of all internet users have tried surfing the Web just to pass the time, according to a survey we conducted in December 2005. Some 40 million people said they were surfing for fun on a typical day during the month. This number is up from 25 million people who were browsing for no particular reason in November 2004, the most recent time when this question was asked by the Pew Internet Project."

  • View PDF of Report
  • Permanent Link       Topic(s): Internet
    Investigation into Domestic Spying Program Blocked

  • Rep. John Conyers blogs tonight "...the House Judiciary Committee considered my resolution of inquiry on the domestic spying program. The Resolution was rejected 16 to 21, with all Democrats and one Republican (Congressman Hostetler) voting for it."

  • Congressional Probe of NSA Spying Is in Doubt-White House Sways Some GOP Lawmakers: "Congress appeared ready to launch an investigation into the Bush administration's warrantless domestic surveillance program last week, but an all-out White House lobbying campaign has dramatically slowed the effort and may kill it, key Republican and Democratic sources said yesterday."

  • Justice Dept. probes own spy program role

  • Postings on domestic surveillance
  • House Releases Lengthy, Scathing Report on Govt's Flawed Response to Katrina

    A Failure of Initiative: The Final Report of the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina, Washington, February 15, 2006:

  • Main Report (379 pages, PDF)

  • Appendices (141 pages, PDF)


  • Related government documents and news:
  • Expedited Assistance for Victims of Hurricanes Katrina and Rita: FEMA's Control Weaknesses Exposed the Government to Significant Fraud and Abuse, GAO-06-403T, February 13, 2006. Highlights.

  • Hurricane Katrina Fraud Task Force Report, February 2006, Progress Report to the Attorney General (38 pages, PDF)

  • White House Press Briefing by Scott McClellan, February 14, 2006 - responses to questions concerning Katrina hearings/Secretary Chertoff

  • AP: White House Stands By Chertoff

  • AP: Chertoff Admits Lapses in Katrina Response

  • Related postings on Katrina

  • Blogging, Business Models and E-Commerce

    Blogs to Riches - The Haves and Have-Nots of the Blogging Boom, by Clive Thomson, New York Magazine.

    Related references, all from the 2/20/2006 issue of New York Magazine:

  • Linkology - How the Most-Linked-To Blogs Relate (see also this related graph, which is in PDF)

  • A Timeline of the History of Blogging

  • Five Blogs to Check Out

  • Permanent Link       Topic(s): Blogs, E-Commerce
    February 14, 2006
    FOIA Lawsuit Reveals DOJ Can Release Legal Memos on Domestic Surveillance In March

    National Security Archives press release: "Under pressure from a Freedom of Information Act lawsuit, the Justice Department on February 10 conceded in federal court that it could begin releasing as early as March 3 the internal legal memos relied on by the Bush administration in setting up the controversial National Security Agency warrantless wiretapping program. The National Security Archive, along with the American Civil Liberties Union ("ACLU"), this week joined the Electronic Privacy Information Center in a Freedom of Information Act lawsuit against the Department of Justice seeking to compel the immediate disclosure of the internal legal justifications for the surveillance program. The filing this week by the Archive and the ACLU was consolidated with a suit filed on January 19, 2006, by the Electronic Privacy Information Center ("EPIC") that requested the federal court in Washington to issue a preliminary injunction requiring the release of relevant documents within 20 days-which Judge Henry H. Kennedy, Jr. considered at a formal hearing today."

  • Postings on domestic surveillance
  • Hearing Today on National Security Whistleblowers in the post-9/11 Era

    House Committee on Government Reform Subcommittee on National Security, Emerging Threats and International Relations -- hearing on National Security Whistleblowers in the post-9/11 Era: Lost in a Labyrinth and Facing Subtle Retaliation, February 14, 2006.

  • Hearing Advisory, National Security Subcommittee Briefing Memo (78 pages, PDF)

  • Opening Statement of Chairman Shays: "Whistleblowers in critical national security positions are vulnerable to unique forms of retaliation, Shays said. "Suspension or revocation of a security clearance can have the same chilling effect as demotion or firing, but clearance actions are virtually unreviewable. Those with whom we trust the nation’s secrets should not be second class citizens when it comes to asserting their rights to speak truth to power."

  • Links to Witness Testimony

  • UPI: Whistleblower says NSA violations bigger [Testimony of Russell Tice]

  • AP: Congressional panel considers changes in whistleblower law

  • Postings on domestic surveillance
  • Permanent Link       Topic(s): Congress
    Objectivity of CRS Reports on Domestic Surveillance Issues Challenged

    There have been several recent congressional communications and related articles addressing whether or not authors of CRS reports on issues pertaining to domestic surveillance have demonstrated bias in their research. Links to relevant documents are in chronological order, as follows:

  • Letter from Congressman Peter Hoekstra, Chairman of the House Permanent Select Committee on Intelligence, to Director of CRS, Daniel P. Mulhollan, dated February 1, 2006: "...I expressed concern that CRS should not speculate on highly classified intelligence matters on which it could be erroneously viewed by the public as an authoritative source, amd that its previous work was not conducted in a thorough and objective fashion. Subsequently, CRS has issued another memorandum with similar problems. I ask for immediate action on your part to ensure that CRS truly provides "comprehensive and reliable" legislative research that is "free of partisan or other bias."

  • Letter from Sen. Dianne Feinstein and Congresswoman Jane Harman to the Director of CRS, Daniel P. Mulhollan, dated February 7, 2006, which states in part: "We have found these CRS documents very helpful in conducting our oversight responsibilities, and disagree that they are "speculating with respect to highly sensitive national security matters" as Chairman Hoekstra asserts. Indeed, the legal analyses provided by CRS have been especially informative given the Executive Branch's unwillingness to provide information to the Congress or to the American public as is appropriate."

  • Letter from House Judiciary Chairman Sensenbrenner to CRS Director Mulholland, dated February 8, 2006: "I am writing regarding the January 5, 2006 Congressional Research Service (CRS) memorandum entitled Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information. Following the release of the CRS memorandum I asked two outside constitutional experts to review the memorandum and both [letter from Prof. Alt and letter from Prof. Eastman] have expressed concerns that the memorandum is based on an incomplete analysis of the law."

  • WSJ, February 9, 2006 (sub. req'd): Expert on Congress's Power Claims He Was Muzzled for Faulting Bush
  • Roll Call, February 9, 2006 (subscription req'd but the following abstract appeared on the site's hompage) "Senior Specialist Under Fire for Criticizing Agency: One of the top analysts at the Congressional Research Service said that Director Daniel Mulhollan has ordered him to apologize by close of business Friday for writing a memorandum that criticized Congress' nonpartisan research agency for an "incoherent" policy that advocates neutrality and suppresses the analytical skills of its researchers." [Link]
  • EPA Libraries And Unique E-Catalog Threatened by Budget Cutbacks

    Press release: "Under President Bush’s proposed budget, the U.S. Environmental Protection Agency is slated to shut down its network of libraries that serve its own scientists as well as the public, according to internal agency documents released today by Public Employees for Environmental Responsibility (PEER). In addition to the libraries, the agency will pull the plug on its electronic catalog which tracks tens of thousands of unique documents and research studies that are available nowhere else."

    The following documents, included in the press release, are in PDF:

  • Read about the impacts of the EPA library system cuts

  • Look at the number of library services on the chopping block

  • View the staff and budget cuts, library-by-library

  • See also SLA Denounces Proposal to Close EPA Libraries

  • and The Scientist - Budget cuts imperil EPA library system - Research database, access to documents may be curtailed in Fiscal 2007 budget proposal
  • New Issue of FDIC Consumer News Provides Financial Guide to Disaster Planning

    FDIC Consumer News, Winter 2005/2006 - Fires, Floods and Other Misfortunes: Are You Prepared Financially?. Alos in this issue, see Consumer Alert: Beware of Disaster-Related Financial Scams.

    Permanent Link       Topic(s): E-Government
    USTR to Strengthen Enforcement in Readjustment of U.S.-China Trade Policy

    Press release: "Today, U.S. Trade Representative Rob Portman unveiled the results of a top-to-bottom review of U.S.-China Trade Policy at a news conference. The report, U.S. - China Trade Relations: Entering a New Phase of Greater Accountability and Enforcement (29 pages, PDF), is the first comprehensive statement of U.S. trade policy towards China since it joined the WTO in 2001. The report was provided to Congress this morning with a cover letter (2 pages, PDF) from Ambassador Portman to the Chairmen and Ranking Members of the Senate Finance and House Ways and Means Committees. In this letter, he outlined his objective of closer collaboration with Congress on U.S.-China trade policy."

    Related documents:

  • U.S. Trade Deficit Exceeds $725 Billion

  • Economic Report of the President, 2006 Now Available
  • Case Study of CD Disk Protection System That Triggered Class Action Suit

    Lessons from the Sony CD DRM Episode, February 14, 2006 (27 pages, PDF), by J. Alex Halderman and Edward W. Felton.

    ABA Task Force on Domestic Surveillance in the Fight Against Terrorism

    Follow up to February 10, 2006 posting, Survey on Spy Program Reflects Public Concern With Constitutional Freedoms, this news today from the ABA Task Force on Domestic Surveillance in the Fight Against Terrorism:

  • Letter to President Bush and New ABA Policy on Domestic Surveillance (1 page, PDF)

  • Report of ABA Task Force on Domestic Surveillance in the Fight Against Terrorism (2 pages, PDF)
  • State Dept. Establishes Task Force on Global Internet Freedom

    Following up on recent postings: Yahoo Issues Statement on Chinese Net Censorship, Net Censorship Abroad - Free Speech Colides With E-commerce? and Hearing Focuses on Internet Censorship in China, related news today via this State Dept. press release - statement of Under Secretary of State for Economic, Business and Agricultural Affairs Josette Shiner: "I'm pleased to join you here today...to announce State's Global Internet Freedom Task Force. Since its launch a little over a decade ago, the internet has proven to be the greatest purveyor of news and information in history. From a small band of university researchers sharing documents to people -- over a billion people connecting in real-time around the globe, the internet has proven to be a force multiplier for freedom and a censor's nightmare, as efforts by repressive regimes have failed to fully restrict or block growth and access to the internet. Nevertheless, there are severe challenges to this openness. It's a top priority for the State Department and the U.S. Government to do all we can to ensure maximum access to information over the internet and to ensure minimum success by censors to information or silence legitimate debate in this global town hall."

    Additional news on Internet freedom:

  • As reported by Agence France Press, "The Chinese government has adopted supervisory measures to limit those immoral and harmful (Internet) contents... the goal is to safeguard the people's interest," foreign ministry spokesman Liu Jianchao said."

  • AP: Web Companies Caught in Free Speech Fight

  • New York Times: In Rare Briefing, China Defends Internet Controls

  • February 13, 2006
    State of the World 2006

    State of the World 2006 - Special Focus: China and India, January 2006 ($). "This year, Worldwatch Institute's annual State of the World report provides a special focus on China and India, examining the global impact as these two nations join the United States and Europe as major consumers of resources and polluters of local and global ecosystems. The report explains the critical need for both countries to "leapfrog" the technologies, policies, and even the cultures that now prevail in many western countries for the sake of global sustainability—and reports on some of the strategies that China and India are starting to implement."

  • Table of Contents

  • January 12, 2006 - State of the World 2006: China, India, the U.S., Europe, and Japan by the Numbers - "These slides offer a glimpse of the rising ecological impact of two populous developing nations, China and India, while illustrating that the per-capita resource consumption and pollution of countries in the industrialized world—including the United States, the European Union and Japan—is much higher."
  • Permanent Link       Topic(s): E-Government
    Review of FOIA Countries Worldwide

    Review of FOIA Countries Worldwide - February 1, 2006 (10 pages, PDF), by Roger Vleugels, an independent Dutch-based legal consultant and FOIA expert.

    Report Attributes Extensive Government Failures In Hurricane Response

  • New York Times: Republicans' Report on Katrina Assails Administration Response

  • Washington Post: Katrina Report Spreads Blame, Homeland Security, Chertoff Singled Out


  • Related government documents:
  • DHS Fact Sheet: Strengthening FEMA to Maximize Mission Performance, February 13, 2006 - "Homeland Security Secretary Michael Chertoff announced several new measures designed to strengthen the Federal Emergency Management Agency's (FEMA) essential functions so it can more effectively respond to manmade or natural disasters, particularly during catastrophic events. These new measures are designed to match the experience and skills of FEMA employees with 21st century tools and technology - maximizing the agency’s performance regardless of disaster size or complexity."

  • Press release, February 12, 2006: "Ranking Member Bennie G. Thompson (D-MS), along with six Committee on Homeland Security Representatives, released a report today analyzing the structure and leadership of the Federal Emergency Management Agency (FEMA) since its creation. The report entitled, "Redirecting FEMA Toward Success - A Report and Legislative Solution," (40 pages, PDF) found that the agency was most successful when led by experienced emergency preparedness managers, had a direct line to the President, and had a stated operational strategy for fulfilling its mission."

  • Senator Pushes For Investigations into Sale of Cell Phone Records

    Press release, February 10, 2006: "U.S. Senator Dick Durbin (D-IL) today renewed his call to stop the sale and fraudulent use of private telephone records. In letters sent today [text of which are included in this release], Durbin requested a hearing from the Senate Judiciary Committee, and investigations from the Federal Trade Commission (FTC), Federal Communications Commission (FCC), and Department of Justice.

  • Related postings on sale of cell phone records
  • Permanent Link       Topic(s): Congress, E-Commerce, Privacy
    Searchable Database of State Motorcycle Laws

    From the American Motorcycle Association, a searchable database of state motorcycle laws, requirements, regulations and safety information for on and off road riders. [thanks r.r.]

    Permanent Link       Topic(s): Legal Research
    GAO Reports Administration Spending On PR Tops $1.6 Billion

    Media Contracts: Activities and Financial Obligations for Seven Federal Departments GAO-06-305, January 13, 2006. Highlights.

  • "The departments reported a total of 343 media contracts, for which they incurred obligations of $1.62 billion during the period of GAO's review. Specifically, the departments reported 137 contracts (40 percent of the total contracts) with advertising agencies, 131 contracts (38 percent) with media organizations, 54 contracts (16 percent) with public relations firms, and 8 contracts (2 percent) with individual members of the media. For 13 contracts (4 percent), departments did not report on type of media firm. The departments incurred obligations of $1.4 billion with advertising agencies (87 percent of the obligations), $197 million with public relations firms (12 percent), $15 million (1 percent) with media organizations, and $90,000 (less than 1 percent) with individual members of the media."


  • Related government documents:
  • Fact Sheet: "Rep. Waxman, Democratic Leader Pelosi, Rep. Miller, Rep. Cummings, and other senior Democratic leaders release a new Government Accountability Office study that identifies more than $1.6 billion in public relations and media spending by the Bush Administration over the last two and a half years [emphasis added]."

  • Related postings on federal government propaganda

  • Yahoo Issues Statement on Chinese Net Censorship

    Following-up on recent postings, Net Censorship Abroad - Free Speech Colides With E-commerce? and Hearing Focuses on Internet Censorship in China, see today's press release: "Yahoo!: Our Beliefs as a Global Internet Company - As a leading provider of Internet-based services, Yahoo! is committed to open access to information and communication on a global basis. We believe information is power. Citizens across the globe are benefiting greatly from increased access to communications, commerce and independent sources of information. The Internet has helped transform the way business is done, advanced consumer cultures, increased competition, allowed entrepreneurship to flourish, and provided citizens with more freedom in how they live, work, exchange ideas and make choices. Doing business in certain countries presents U.S. companies with challenging and complex questions. We are deeply concerned by efforts of governments to restrict and control open access to information and communication. We also firmly believe the continued presence and engagement of companies like Yahoo! is a powerful force in promoting openness and reform. Private industry alone cannot effectively influence foreign government policies on issues like the free exchange of ideas, maximum access to information, and human rights reform, and we believe continued government-to-government dialogue is vital to achieve progress on these complex political issues..."

    U.S. Trade Deficit Exceeds $725 Billion

    U.S. Census Bureau: U.S. International Trade in Goods and Services Highlights, February 10, 2006. Goods and Services Deficit Increases in 2005. Also from Census, U.S. International Trade in Goods and Services - Current, Prior and Compressed

  • New York Times: U.S. Trade Deficit Sets Record, With China and Oil the Causes
  • Economic Report of the President, 2006 Now Available

    "The Economic Report of the President is an annual report written by the Chairman of the Council of Economic Advisors. It overviews the nation's economic progress using text and extensive data appendices. The Economic Report of the President is transmitted to Congress no later than ten days after the submission of the Budget of the United States Government. Supplementary reports can be issued to the Congress which contain additional and/or revised recommendations. Documents are available as ASCII text and PDF files."

  • Economic Report of the President: Search [users may select a volume from 1996-2006].

  • Download the entire report as a single PDF file (5.4 MB, PDF)

  • Quick Search
  • February 12, 2006
    Gov't Censorship of Global Warming Data Includes NASA and NOAA

    Follow-up to postings on government censorship of dissemination of scientific data, this February 11, 2006 article from the Washington Post - Censorship Is Alleged at NOAA Scientists Afraid to Speak Out, NASA Climate Expert Reports: "James E. Hansen, the NASA climate scientist who sparked an uproar last month by accusing the Bush administration of keeping scientific information from reaching the public, said Friday that officials at the National Oceanic and Atmospheric Administration are also muzzling researchers who study global warming."

    Related references and resources on global warming issues:

  • Politics and Science: How Their Interplay Creates Public Policy - A Social Research Conference, The New School, February 9-10, Keynote Speaker: Neal Lane, Science Advisor to President Clinton

  • Global Warming Trend Documented in U.S.

  • Questions Surround Editing of U.S. Report on Global Warming

  • Range of Groups Dissatisfied With Patriot Act Reauthorization

    Follow-up to Agreement Reached on Patriot Act Reauthorization:

  • Cave-in on the Patriot Act, New York Times Editorial, February 12, 2006 (via International Herald Tribune)

  • NPR - Librarians Wary of Patriot Act's Implications: All Things Considered, February 11, 2006 · "Michael Gorman, head of the American Library Association, and librarian Joan Airoldi offer Debbie Elliott their insights on what proposed Patriot Act changes would mean for their profession. Libraries don't like Patriot Act provisions that allow library records to be searched without recourse."

  • Bi-partisan Momentum Builds to Investigate White House In Plame CIA Leak

    Follow-up on yesterday's posting, CIA Leak Disclosure and VP - Political Not Legal Ramifications?, another turn on a crooked road: AP reports today that "Special Counsel Patrick Fitzgerald should investigate Vice President Dick Cheney and others in the CIA leak probe if they authorized an aide to give secret information to reporters, Democratic and Republican senators said Sunday."

  • Related postings on Plame CIA leak

  • Permanent Link       Topic(s): Government Documents
    February 11, 2006
    Blogger Reports on Rare Weekend Email About Upcoming Briefing on Spy Program

    The Brad Blog posted the text of an e-mail message to House Judiciary Committee members and staff alerting them to an "Unclassified briefing by DOJ on NSA surveillance program" to "be held at 3 pm on Monday, Feb 13th." Escalating bipartisan congressional demands to be provided with more extensive documentation on the domestic surveillance program has apparently resulted in heightened awareness that that this issue is not fading from interest.

    CIA Leak Disclosure and VP - Political Not Legal Ramifications?

    Following up on February 9, 2006 posting, Investigation into Plame CIA Leak Involves Other White House Officials, this WSJ free feature, Cheney Role Risks Political Fallout: CIA-Leak Case May Hand War Critics Momentum, But Legal Issues Are Slim - "The disclosure that Vice President Dick Cheney may have authorized his former chief of staff to release classified information to justify the war in Iraq has political consequences for the White House, but the legal fallout may be muted."

    Permanent Link       Topic(s): Government Documents
    DHS To Conduct National Computer Security Survey

    "The goal of National Computer Security Survey (NCSS) is to produce reliable national and industry-level estimates of the prevalence of computer security incidents (such as denial of service attacks, fraud, or theft of information) against businesses and the resulting losses incurred by businesses. The first national survey of thousands of businesses is being conducted in 2006. Sponsors: U.S. Department of Justice, Bureau of Justice Statistics and the U.S. Department of Homeland Security, National Cyber Security Division (NCSD)."

    Related government documents:

  • Press release: "U.S. Department of Homeland Security (DHS) announced the completion of Cyber Storm, the first full-scale government-led cyber security exercise to examine response, coordination, and recovery mechanisms to a simulated cyber-event within international, federal, state, and local governments, in conjunction with the private sector. In total, 115 public, private, and international agencies, organizations, and companies were involved in the planning and implementation of Cyber Storm."

  • National Institute of Standards and Technology (NIST), Guide for Developing Security Plans for Federal Information Systems, February 2006 (41 pages, PDF)

  • How and What Pre War Intel Was Used in Iraq Invasion

    Intelligence, Policy, and the War in Iraq, by Paul R. Pillar, From Foreign Affairs, March/April 2006

  • Summary: "During the run-up to the invasion of Iraq, writes the intelligence community's former senior analyst for the Middle East, the Bush administration disregarded the community's expertise, politicized the intelligence process, and selected unrepresentative raw intelligence to make its public case." [Paul R. Pillar is on the faculty of the Security Studies Program at Georgetown University. Concluding a long career in the Central Intelligence Agency, he served as National Intelligence Officer for the Near East and South Asia from 2000 to 2005.]

  • Related reference to this article from the New York Times, February 12, 2006 - Editorial, The Trust Gap: "...Foreign Affairs includes an article by the man in charge of intelligence on Iraq until last year, Paul Pillar, who said the administration cherry-picked intelligence to support a decision to invade that had already been made. He said Mr. Bush and Vice President Dick Cheney made it clear what results they wanted and heeded only the analysts who produced them. Incredibly, Mr. Pillar said, the president never asked for an assessment on the consequences of invading Iraq until a year after the invasion. He said the intelligence community did that analysis on its own and forecast a deeply divided society ripe for civil war."

  • Net Censorship Abroad - Free Speech Colides With E-commerce?

    Follow-up to February 2, 2006 posting, Hearing Focuses on Internet Censorship in China, this WSJ free feature today: Internet Censorship - Web Firms Face Grilling on China.

    Related news:

  • New York Times, So Long, Dalai Lama: Google Adapts to China - "Google's local staff works closely with Chinese officials to ensure that search results from Google.cn do not include information, images or links to Web sites that the government does not want its people to see."

  • Reuters: Fresh US outrage ahead of China Internet hearings - "U.S. Internet companies faced bipartisan criticism in the Congress on Thursday amid a rising controversy over Yahoo Inc.'s alleged role in the Chinese government's imprisonment of a second dissident."

  • Feds Aggressively Pursue Leak of Domestic Spying Info to Public

    New York Times, Inquiry Into Wiretapping Article Widens: "Federal agents have interviewed officials at several of the country's law enforcement and national security agencies in a rapidly expanding criminal investigation into the circumstances surrounding a New York Times article published in December that disclosed the existence of a highly classified domestic eavesdropping program, according to government officials."

    FirstGov Adds News RSS Feeds

  • "FirstGov.gov Updates - News and Features - Stay on top of important government news and information with the FirstGov Updates - News and Features RSS feed [link to feed]. We'll update this feed when we update news and featured content on the FirstGov.gov website."

  • Popular Government Questions from FirstGov.gov - Our government questions RSS feed [link to feed] will keep you informed with the most popular and useful questions and answers related to the U.S. government from our frequently asked questions database."
  • Permanent Link       Topic(s): E-Government
    Computer Resource Security Center Draft Guidelines for Media Sanitization

    February 3, 2006: Draft Special Publication 800-88: Guidelines for Media Sanitization: "NIST's Computer Security Division has completed the initial public draft of Special Publication 800-88, Guidelines for Media Sanitization (40 pages, PDF). This guide is intended to assist organizations and system owners in making practical sanitization decisions based on the level of sensitivity of their information. It does not, and cannot, specifically address all known types of media however; the described draft sanitization decision process can be applied universally to all forms of media and categorizations of information."

    February 10, 2006
    FCC Proposes Rulemaking to Prevent Sale of Cell Phone Records

    Press release: "The Federal Communications Commission today launched a proceeding to examine whether additional security measures could prevent the unauthorized disclosure of sensitive customer information held by telecommunications companies. In a Notice of Proposed Rulemaking (NPRM) adopted today, the Commission seeks comment on a variety of issues related to customer privacy, including what security measures carriers currently have in place, what inadequacies exist in those measures, and what kind of security measures may be warranted to better protect consumers’ privacy. The Notice grants a petition for rulemaking filed by the Electronic Privacy Information Center (EPIC) expressing concerns about whether carriers are adequately protecting customer call records and other customer proprietary network information, or CPNI. EPIC claims that some data brokers have taken advantage of inadequate security standards to gain access to the information under false pretenses, such as by posing as the customer, and then offering the records for sale on the Internet. The practice is known as pretexting."

  • Related postings on privacy issues related to cell phone records
  • Agreement Reached on Patriot Act Reauthorization

    Press release: "Republican Senators John Sununu (R-NH), Larry Craig (R-ID), Lisa Murkowski (R-AK), and Chuck Hagel (R-NE) (on 2/9) announced they have reached agreement with the White House regarding the reauthorization of the USA PATRIOT Act. The package includes modifications to the Conference Report in three specific areas to better protect civil liberties while still providing law enforcement with expanded tools to conduct terrorism investigations.

  • "America's civil liberty protections are a model to the world. We should always strive to balance protection of these freedoms with the essential needs of law enforcement. The substantive, and at times, emotional debate concerning PATRIOT Act reauthorization reflects the importance of enabling law enforcement to investigate terrorists without sacrificing these rights," said the Senators. "We are pleased that we have made real progress throughout the overall reauthorization process in addition to the improvements announced today."

  • "In particular, the agreement addresses Section 215 orders, National Security Letters (NSLs), and adds clarification that libraries functioning in their traditional capacity, including providing basic Internet access, are not subject to NSLs."

  • Fact Sheet From U.S. Senator Russ Feingold on How the Patriot act Deal With the White House Falls Short on Protecting Freedoms

  • Sen. Feingold's floor statement opposing deal (4 pages, PDF)

  • ALA Criticizes Patriot Act Compromise

  • ACLU: Reported Patriot Deal Lacks Reforms to Safeguard Freedom

  • New York Times Editorial, Another Cave-In on the Patriot Act

  • Postings on Patriot Act
  • Commentary on the Evolution and Impact of Open Access Scholarly Data

    Delivering Open Access: From Promise to Practice - "Derek Law predicts how the open access agenda will develop over the next ten years."

    Survey on Spy Program Reflects Public Concern With Constitutional Freedoms

    ABA press release: "According to a poll commissioned by the American Bar Association and released today, 52 percent of respondents said that in the fight against terrorism, the President of the United States alone cannot suspend constitutional freedoms, with an additional 25 percent saying he must obtain authorization by a court of law or Congress. Thus 77 percent of Americans express deep reservations about the president's secret surveillance program."

  • AP: Bush Reveals Rationale Behind Surveillance

  • AP: Private Groups Seek Domestic Spying Papers

  • Postings on domestic surveillance
  • Permanent Link       Topic(s): Civil Liberties
    February 09, 2006
    Patriot Act Compromise Announced

    AP: Agreement Reached on Patriot Act Changes

    New Feature of Google Desktop Raises Privacy Issues

    EFF press release: "Google today announced a new "feature" of its Google Desktop software that greatly increases the risk to consumer privacy. If a consumer chooses to use it, the new "Search Across Computers" feature will store copies of the user's Word documents, PDFs, spreadsheets and other text-based documents on Google's own servers, to enable searching from any one of the user's computers. EFF urges consumers not to use this feature, because it will make their personal data more vulnerable to subpoenas from the government and possibly private litigants, while providing a convenient one-stop-shop for hackers who've obtained a user's Google password."

    Related references:

  • Official Google Blog: New on your Desktop

  • Google Desktop 3 Beta announcement

  • Reuters: Google Upgrades Desktop Software

  • Financial Times: Privacy fears over Google 3.0


  • Permanent Link       Topic(s): Privacy, Search Engines
    CRS Report on State and Federal Data Security Laws

    Data Security: Federal and State Laws, February 03, 2006

  • "This report provides a brief discussion of federal and state data security laws. The security of personal information and risks to data are paramount concerns addressed in federal and state law, legislation, and regulations."
  • E-Gov Site Seeks To Ensure Public Access to Telephone Service

    "Lifeine Link-Up provides information and resources regarding federal and state Lifeline and Link-Up programs. Lifeline and Link-Up are programs that help ensure everyone has access to telephone service. These programs provide discounts to income-eligible individuals for both the initial installation costs of telephone service and for monthly telephone bills."

    Permanent Link       Topic(s): E-Government
    Investigation into Plame CIA Leak Involves Other White House Officials

    Cheney 'Authorized' Libby to Leak Classified Information, by Murray Waas, National Journal, Feb. 9, 2006: "Vice President Dick Cheney's former chief of staff, I. Lewis (Scooter) Libby, testified to a federal grand jury that he had been "authorized" by Cheney and other White House "superiors" in the summer of 2003 to disclose classified information to journalists to defend the Bush administration's use of prewar intelligence in making the case to go to war with Iraq, according to attorneys familiar with the matter, and to court records."

  • Previous coverage of the CIA leak investigation from Murray Waas

  • The Nation Blog: Dick Cheney Is Not Above the Law - "Twenty-two members of the House have now signed on as co-sponors of the call by Representative John Conyers, D-Michigan, to establish a select committee of the Congress to investigate whether the Bush administration's actions before and after the invasion of Iraq violated Constitutional requirements, statutes and standards in a manner that would merit impeachment of the president or vice president."

  • Postings on Plame CIA Leak
  • Permanent Link       Topic(s): Government Documents
    Tainted Warrants Used in Spy Program?

    Yesterday's posting, Judiciary Cmte. Requests Extensive Info On Domestic Spying Program From Attorney General, relied heavily on links to the Washington Post, and for good reason. The newspaper's investigative reporting on the domestic spying issue has been picking up steam, with yet another must read article in today's issue, Secret Court's Judges Were Warned About NSA Spy Data - Program May Have Led Improperly to Warrants. After registering to read the article, be sure to also read this CRS Memo to Senate Cmte. on Intelligence Describes Probable Cause, and refer to related postings on domestic surveillance. The ramifications of this body of government documents and related expert commentary makes one wonder when it will all reach critical mass.

    Related references:

  • Top Ten Myths About the Illegal NSA Spying on Americans

  • OpinionJournal (WSJ Editorial Page), Abolish FISA

  • USA Today: Specter wants special court to supervise surveillance


  • February 08, 2006
    Markey Introduces Bill to Block Online Storage of Personal Consumer Data

    Press release: "Representative Edward J. Markey (D-MA), the ranking Democrat on the Telecommunications and Internet Subcommittee of the House Energy and Commerce Committee, today introduced the Eliminate Warehousing of Consumer Internet Data Act of 2006 (6 pages, PDF) – designed to strengthen consumer' Internet privacy and prevent companies from storing personal information for indefinite periods of time."

    Sites Selling Cell Phone Records Succumb to Congressional Inquiry

    Follow-up on House Cmte. Seeks Operations Docs. from Websites Selling Cell Phone Records and Sale of Cell Phone Records Subject of House Hearing and State AG Action and Bill to Prohibit Sale of Cell Phone Records Gains Momentum, news from AP tonight that several sites targeted by congressional investigation have ceased operations.

    Permanent Link       Topic(s): Congress, Legislation, Privacy
    Significance of Library Digitization Project Described by Univ. President

    John Batelle posted the text (PDF) of University of Michigan President Mary Sue Coleman's keynote address at the Association of American Publishers Conference, February 6. She defended her university's participation in the Google Library Project as well as the overall value and importance of library digitization programs in general.

  • Related news: A leading US academic has defended Google's controversial plan to digitise the contents of major libraries.
  • Reports on Spyware Reach Different Conclusions on Threat Level

  • Webroot State of Spyware Report 2005: " An alarming rise in the number of corporate data breaches combined with a steady rise in the sophistication of spyware threats and distribution methods made 2005 the biggest year yet for spyware..."

  • A Crawler-based Study of Spyware on the Web - Alexander Moshchuk, Tanya Bragin, Steven D. Gribble, and Henry M. Levy, Department of Computer Science & Engineering, University of Washington: "Malicious spyware poses a significant threat to desktop
    security and integrity. This paper examines that threat from an Internet perspective. Using a crawler, we performed a large-scale, longitudinal study of the Web, sampling both executables and conventional Web pages for malicious objects. Our results show the extent of spyware content. For example, in a May 2005 crawl of 18 million URLs, we found spyware in 13.4% of the 21,200 executables we identified. At the same time, we found scripted "drive-by download" attacks in 5.9% of the Web pages we processed. Our analysis quantifies the density of spyware, the types of of threats, and the most dangerous Web zones in which spyware is likely to be encountered. We also show the frequency with which specific spyware programs were found in the content we crawled. Finally, we measured changes in the density of spyware over time; e.g., our October 2005 crawl saw a substantial reduction in the presence of drive-by download attacks, compared with those we detected in May."
  • [links via trimMail]

    Permanent Link       Topic(s): PC Security, Privacy
    Misinformation Issues At NASA Result in Resignation Amidst Continued Controversy

    Follow-up to Gov't Climate Change Expert Contends Censorship of Data and NASA Chief Calls for "Scientific Openness" Amidst Claims of Gov't Secrecy, today this report from the New York Times on the resignation of a presidential appointee at NASA responsible for ordering revisions of data available to the public on the agency website.

    Comparison of Google Earth and Windows Live Local

    Jennifer Laycock provides a brief but useful comparison of the two satellite services, Google Earth and Windows Live Local - beta.

    Permanent Link       Topic(s): Search Engines
    Judiciary Cmte. Requests Extensive Info On Domestic Spying Program From Attorney General

    Following up on AG Gonzales Testimony to Judiciary Cmte. Generates Strong Response, news today about Congressional requests for additional information on the NSA spy program: Press release: "House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-Wis.) today sent a Judiciary Committee oversight letter to Attorney General Alberto Gonzales requesting extensive answers about the National Security Agency’s (NSA) terrorist surveillance program. The 14-page oversight letter requests that the Attorney General respond to the 51 questions by March 2nd. Chairman Sensenbrenner stated, "Questions have been raised about the President's authority to establish the NSA's terrorist surveillance program, which was created to protect Americans against a dangerous enemy intent upon using any means possible to destroy Americans and the freedoms we cherish. Fulfillment of Congress's oversight responsibility about this program no doubt will involve highly classified information that cannot be publicly released without harming national security. Nonetheless, I'm confident the unclassified responses to these questions will both assist the Committee's oversight efforts and better inform the people that the program is designed to protect."

    Related resources and references:

  • AP: White House to give House committee information on spy program

  • NSA Eavesdropping: Privacy vs. National Security? by Lionel Beehner From the Council on Foreign Relations

  • Washington Post: Analysis - Limiting NSA Spying Is Inconsistent With Rationale, Critics Say, by Dan Eggen

  • Washington Post: The Wrong Wiretap Debate

  • Washington Post: Activists on Right, GOP Lawmakers Divided on Spying Privacy Concerns, Terror Fight at Odds

  • Washington Post: For Some, Spying Controversy Recalls a Past Drama

  • Authorization for Use of Military Force, September 18, 2001 Public Law 107-40 [S. J. RES. 23] 107th Congress.

  • USNews.com: Seeking Spies-Why the CIA is having such a hard time keeping its best

  • Postings on domestic surveillance

  • New Bill Requires Websites to Destroy User Data That Compromises Privacy

    Press release: "Representative Edward J. Markey (D-MA), the ranking Democrat on the Telecommunications and Internet Subcommittee of the House Energy and Commerce Committee, today introduced the Eliminate Warehousing of Consumer Internet Data Act of 2006 – designed to strengthen consumers' Internet privacy and prevent companies from storing personal information for indefinite periods of time...Rep. Markey’s bill would require owners of Internet websites to destroy obsolete data that can be used to individually identify a consumer, including credit card numbers, bank numbers, and date of birth, home address and Social Security numbers. The bill directs the Federal Trade Commission to set standards and enforce this act."

    February 07, 2006
    Calls for Net Neutrality at Congressional Hearing

    Follow-up to Preserving an Open Internet through Net Neutrality, see this hearing today: Net Neutrality, Full Senate Commerce Committee, Tuesday, February 7, 2006. Member and Witness statements (in PDF, including those from Vinton Cerf and Lawrence Lessig), are available here.

  • Washington Post: Verizon Executive Calls for End to Google's 'Free Lunch'
  • DoD To Improve FOIA Response?

    Follow up on previous postings, Executive Order Mandates Chief FOIA Officers for Each Agency by January 13, 2006 and President Issues New Order on FOIA Disclosures, this posting by Steven Aftergood documents new directives for agency responses to FOIA requests.

    Hearing Examines Law Enforcement Response to Katrina

    Hurricane Katrina: Managing Law Enforcement and Communications in a Catastrophe, February 6, 2006

  • FBI's Hurricane Katrina Response - Kenneth W. Kaiser, Special Agent in Charge, Boston Field Office, FBI, Before the Senate Committee on Homeland Security and Governmental Affairs.

  • Member Statements and other Witness Testimony (all available in PDF)

  • Related postings on Katrina
  • Hooray and Hazzah for the Human Search Engine

    Yes, that would be a reference to all the librarians, researchers, info pros, information specialists, etc., who deserve a big collective shout out for all the terrific services they provide each and every day, in all arenas of the profession. Take a moment to read this article, and enjoy (I sure do miss Monty Python -- "get me a shrubbery" --- and long live Firesign Theatre).

    Site is Tracking More Than 27 Million Blogs

    Follow-up to posting yesterday, Gallup Internet Poll Reports E-mail Remains Dominant With Blogs Making Decent Showing, related news and statistics on the State of the Blogosphere, February 2006 Part 1: On Blogosphere Growth.

    New Site Rates Performance and Effectiveness of E-Gov Sites

    "The content on ExpectMore.gov is developed by the U.S. Office of Management and Budget and Federal agencies. Together, we assess the performance of every Federal program and hold ourselves accountable for improvement."

  • "ExpectMore.gov tells you whether or not a program is performing. Programs that are PERFORMING have ratings of Effective, Moderately Effective, or Adequate." [sounds as if they are hedging with the descriptions] The site currently includes 12 webpages of evaluations, listing Agency, Program Name, and Rating. Each website evaluation includes key issues that pertain to the rating, as well as an "Improvement Plan" for the respective site.

  • Related postings on e-government

  • See also The Government Domain, expert reviews and evaluations of e-government sites and services, on LLRX.com, by Peggy Garvin
  • Permanent Link       Topic(s): E-Government
    AG Gonzales Testimony to Judiciary Cmte. Generates Strong Response

    Follow-up to yesterday's posting, AG Alberto R. Gonzales Testifies Before Senate Judiciary Cmte. Today, the following transcript of the AG's answers to Sen. Specter's questions (11 pages, PDF), via CDT.

    Related references:

  • New York Times: Republican Who Oversees N.S.A. Calls for Wiretap Inquiry

  • Posting by Sen. Russ Feingold in response to AG Gonzales testimony

  • Editor & Publisher: Attorney General Hits the Press for Reminding Terrorists That, Maybe, the U.S. Might Be Watching Them...Gonzales: "But if they're not reminded about it all the time in the newspapers and in stories, they sometimes forget..."

  • Press release: "Appearing before the Senate Judiciary Committee today, Attorney General Alberto Gonzales failed to answer direct, yet simple questions from senators surrounding the warrantless surveillance of Americans by the National Security Agency. The American Civil Liberties Union condemned that lack of transparency, noting that part of the role of the executive is to provide the legislative branch with ample information for proper oversight."

  • An ABA "task force will examine the legal issues surrounding the federal government's surveillance of Americans inside the U.S."

  • Postings on domestic surveillance

  • Patriot Act Extension, February 3. 2006

    H.R. 4659/P.L. 109-170 - To amend the USA PATRIOT ACT to extend the sunset of certain provisions of such Act. (Feb. 3, 2006; 120 Stat. 3; 1 page).

    February 06, 2006
    Gallup Internet Poll Reports E-mail Remains Dominant With Blogs Making Decent Showing

    Press release: Mail and News Are Main Internet Attractions Some e-commerce picking up; blogs still marginal, by Lydia Saad: "A recent Gallup Poll examining Americans' online habits finds e-mail use almost universal among the three-quarters of U.S. adults who use the Internet. Checking the news and weather ranks second on the list of 13 Internet activities measured, although not as many Americans surf for news frequently as e-mail frequently."

    Permanent Link       Topic(s): Blogs, E-Mail, Internet
    Legal Documents in CIA Leak Case Confirm Status of Plame

    Following up on February 4, 2006 posting, VP Informed Libby About Plame Identity, Michael Isikoff reports The CIA Leak: Plame Was Still Covert.

  • From February 2005 opinion written by U.S. Circuit Judge David S. Tatel (via No Quarter): "As to the leaks’ harmfulness, although the record omits specifics about Plame's work, it appears to confirm, as alleged in the public record and reported in the press, that she worked for the CIA in some unusual capacity relating to counterproliferation. Addressing deficiencies of proof regarding the Intelligence Identities Protection Act, the special counsel refers to Plame as "a person whose identity the CIA was making specific efforts to conceal and who had carried out covert work overseas within the last 5 years"—representations I trust the special counsel would not make without support. (8/27/04 Aff. at 28 n.15.)"
  • No Comment From Google But IP Network May Be In Future

    Follow-up to February 2, 2006 posting, Commentary on Forces Competing to Determine "Digital Destiny", this related article from the UK Times Onlines - Rumours mount over Google's internet plan, by Benjamin Cohen: "Google is working on a project to create its own global internet protocol (IP) network, a private alternative to the internet controlled by the search giant, according to sources who are in commercial negotiation with the company."

    Survey of Corporate Cooperation With Domestic Wiretapping

    Declan McCullagh reports: "A survey by CNET News.com has identified 15 large telecom and Internet companies that are willing to say that they have not participated in the NSA surveillance program, as well as another 12 that declined to reply."

  • Postings on domestic surveillance
  • Preserving an Open Internet through Net Neutrality

    Good Fences Make Bad Broadband - Preserving an Open Internet through Net Neutrality, 2006/02/06, A Public Knowledge White Paper, by John Windhausen, Jr.: "This paper analyzes the Net Neutrality debate in more detail. The paper is divided into four parts...Part I is a reference guide on the Net Neutrality issue; Part II makes the case in favor of a Network Neutrality rule; Part III responds to four arguments against Net Neutrality raised by the network operators; Part IV provides an outline of a possible Net Neutrality rule or statute."

  • Executive Summary available as PDF

  • Full Paper available as PDF (without attachments)

  • Full Paper available as Word DOC(without attachments)

  • Attachments available as PDF
  • Permanent Link       Topic(s): Internet
    LC Website on Trial of Saddam Hussein

    Trial of Saddam Hussein: "This website is intended to provide the viewer with essential information related to the relevant trials. It will also set out a selection of reference materials that will further explain important aspects of the trials. In making this selection, the Law Library of Congress does not endorse or attest to the authenticity of any such referenced materials or information."

    AG Alberto R. Gonzales Testifies Before Senate Judiciary Cmte. Today

    "Wartime Executive Power and the NSA's Surveillance Authority"
    Senate Judiciary Committee Full Committee, February 6, 2006 [Note: according to video and the transcript of the testimony, GOP Senators voted not to have Gonzales sworn in.]

  • Prepared Statement of Attorney General Alberto R. Gonzales to the U.S. Senate Judiciary Committee, Washington, D.C., Monday, February 6, 2006.

  • Washington Post, Complete Transcript, in Three Parts, of U.S. Senate Judiciary Committee Holds a Hearing on Wartime Executive Power and the National Security Agency's Surveillance Authority

  • AP - "Senators raised doubts about the legal rationale for the Bush administration's eavesdropping program Monday, forcing Attorney General Alberto Gonzales to provide a lengthy defense of the operations he called a vital "early warning system" for terrorists."

  • AP - Ex-President Carter: Eavesdropping Illegal

  • Postings on domestic surveillance

  • Editor & Publisher: Attorney General Says Criminal Probe Continues in Leak to 'NY Times'
  • Budget of the United States Government, FY07 Released Today

    Budget of the United States Government: Fiscal Year 2007: "Issued by the Office of Management and Budget, the Budget of the United States Government is a collection of documents that contains the budget message of the President, information about the President's budget proposals for a given fiscal year, and other budgetary publications that have been issued throughout the fiscal year. Other related and supporting budget publications, such as the Economic Report of the President, are included, which may vary from year to year."

  • Browse the FY07 budget (contents and some supporting documents are in PDF; spreadsheets in XLS format)

  • White House Fact Sheet: Highlights of the President's FY2007 Budget

  • Press Briefing on the President's Fiscal Year '07 Budget and Low-Income Programs

  • Washington Post, commentary by Dan Froomkin - Fantasy Budget
  • February 05, 2006
    WTC Health Registry

    "The WTC Health Registry is a comprehensive and confidential health survey of those most directly exposed to the events of 9/11/01. Those who enrolled answered a 30-minute telephone survey about where they were on 9/11/01, and were asked to report the status of their health. This will allow health professionals to compare the health of those most exposed to the events of 9/11/01 with the health of the general population."

    Permanent Link       Topic(s): E-Government
    Former State Dept. Official Continues to Discuss Pre War WMD Intel

    PBS Now, February 3, 2006: David Brancaccio's interview on Iraq Pre-War Intelligence, with Lawrence B. Wilkerson, who was Chief of Staff at the Department of State, August 2002 to January 2005.

  • Related posting, Powell's Former Chief of Staff Challenges Administration Policies.
  • Permanent Link       Topic(s): Government Documents
    New BBB Report on ID Fraud

    Press release: "The 2006 Identity Fraud Survey Report - released by the Council of Better Business Bureaus and Javelin Strategy & Research - provides new facts on how identity fraud occurs, counterintuitive insights that challenge conventionally accepted beliefs about these crimes, and steps consumers can take to further protect themselves against this problem...people are not helpless in protecting themselves from identity theft. Contrary to popular belief, consumers do not bear the brunt of financial losses from identity fraud, Internet use does not increase the risk of identity fraud; and... seniors are not the most frequent targets of fraud operators." The press release includes key data from the report, but the full text (57 pages) must be purchased from Javelin Strategy & Research.

    Related resources:

  • Quiz on Protecting Yourself From ID Fraud

  • Postings on ID theft

  • Permanent Link       Topic(s): ID Theft, Privacy
    Some in Congress Set to Confront White House On Domestic Spying Program

    AP reports today the Senate Judicary Committe Chairman Arlen Specter "said he believes the administration violated a 1978 law specifically calling for a secretive court to consider and approve such monitoring."

    Additional resources:

  • Time, Sunday, Feb. 05, 2006 - Wartime Power Play, by Massimo Calabresi: "As Capitol Hill prepares to battle the White House over George W. Bush's expanding war powers, moderate Senators on both sides of the aisle are quietly considering a range of options that would attempt at the very least to delineate the President's authority, if not roll it back. Bush's claims of wartime license are so great--the White House and Justice Department have argued that the Commander in Chief's pursuit of national security cannot be constrained by any laws passed by Congress, even when he is acting against U.S. citizens--that some Senators are considering a constitutional amendment to limit his powers."

  • Law.com: Will Senate Wiretap Hearings Hit a Wall in the Form of the Attorney General?

  • AP: Gonzales Slated to Defend Bush Spy Program

  • Postings on domestic surveillance
  • Review of Book That Sparked Controversy on Domestic Spy Program

    'State of War: The Secret History of the CIA and the Bush Administration,' by James Risen - Spies and Spymasters, Review by Walter Isaacson.

    State Department To Launch New Website Design

    Press release: "The Department of State is updating its main website at www.state.gov to improve usability and increase awareness of important news items. The new design streamlines the number of content sections from nine to four: Issues and Press, Travel and Business, Youth and Education, and About the State Department. The redesigned homepage will feature the main news story of the day, along with other important news. The homepage also will provide easy access to information about Secretary Rice, multimedia resources, and interactive options for users to subscribe to state.gov content as well as quick links to key topics in each of the website sections."

    Permanent Link       Topic(s): E-Government
    Survey of Major Search Engines Yields Info on Consumer Data Retention Policies

    Declan McCullagh and Elinor Mills: "To find out what kind of information the four major search companies retain about their users, CNET News.com surveyed America Online, Google, Microsoft and Yahoo.
    We asked the same seven questions of each company. Their answers are reproduced... with the responses sorted by the companies' names in alphabetical order."

  • Postings on search engine privacy
  • Permanent Link       Topic(s): Privacy, Search Engines
    February 04, 2006
    Release of Historic Gov. Docs Chronicle White House Position on Wiretapping

    Follow-up to February 3, 2006 posting, Judiciary Cmte. Democrats Again Request Data on Domestic Surveillance From AG, which referred to an AP article, Papers: Ford White House Weighed Wiretaps...George H.W. Bush, Donald Rumsfeld and Dick Cheney are cited in the documents, see this additional documentation from the National Security Archive:

  • "Despite objections from then-Secretary of Defense Donald Rumsfeld and then-CIA director George H. W. Bush, President Gerald Ford came down on the side of a proposed federal law to govern wiretapping in 1976 instead of relying on the "inherent" authority of the President because the "pros" outweighed the "cons," according to internal White House documents obtained through the Freedom of Information Act and posted on the Web today by the National Security Archive at George Washington University."


  • Related legal documents:
  • From the Center for Security Studies, Legislative History of Foreign Intelligence Surveillance Act (FISA)

  • Postings on FISA

  • VP Informed Libby About Plame Identity

  • New York Times: New Details Revealed on C.I.A. Leak Case: "Vice President Dick Cheney's former chief of staff told prosecutors that Mr. Cheney had informed him "in an off sort of curiosity sort of fashion" in mid-June 2003 about the identity of the C.I.A. officer at the heart of the leak case, according to a formerly secret legal opinion, parts of which were made public on Friday."

  • Washington Post (reg. req'd): More Allegations of Libby Lies Revealed - Judge's Report Shows Cheney Aide Is Accused Of Broad Deception

  • Related postings on Plame CIA leak case and investigation

  • Permanent Link       Topic(s): Government Documents
    Copyright Office Releases Report on "Orphan Works"

    "The Copyright Office has completed its study of problems related to 'orphan works'—copyrighted works whose owners may be impossible to identify and locate. As requested by Senator Orrin Hatch and Senator Patrick Leahy, the Office submitted its Report on Orphan Works to the Senate Judiciary Committee on January 31, 2006. The Report is also available for download on this page in two versions, the Full Report with Appendices (207 pages, PDF), and the Main Text (no appendices) (133 pages, PDF)."

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

  • Customer Info Collected By Search Engines Increasingly Subject to Scrutiny

    FAQ: When Google is not your friend, by Declan McCullagh: "Google's recent legal spat with the U.S. Department of Justice highlights not only what information search engines record about us but also the shortcomings in a federal law that's supposed to protect online privacy."

    Related references:

  • New York Times - Increasingly, Internet's Data Trail Leads to Court: "...just as technology is prompting Internet companies to collect more information and keep it longer than before, prosecutors and civil lawyers are more readily using that information."


  • February 03, 2006
    NASA Chief Calls for "Scientific Openness" Amidst Claims of Gov't Secrecy

    Follow-up to recent postings, Gov't Climate Change Expert Contends Censorship of Data, and Sen. Boxer Calls For Hearings on Censorship of Gov't Scientists, the New York Times reports that NASA Administrator Michael Griffin issued a "statement of scientific openness" to agency employees, saying, "NASA has always been, is and will continue to be committed to open scientific and technical inquiry and dialogue with the public."

    Related reference:

  • Washington Post (reg. req'd) NASA's Inspector General Probed - Failure to Investigate Safety Violations Is Among the Charges: "An FBI-led watchdog agency has opened an investigation into multiple complaints accusing NASA Inspector General Robert W. Cobb of failing to investigate safety violations and retaliating against whistle-blowers. Most of the complaints were filed by current and former employees of his own office."

  • Time: The Political Science Test - Bush said science would guide his decisions, but those in the lab see ideology intruding on their work.


  • UK Gov't Conducts Public Inquiry on Digital Rights Management

    "The All Party Parliamentary Internet Group (APIG) [held] an oral evidence session [February 2, 2006] at the House of Commons, as part of its public inquiry on Digital Rights Management(DRM)...The inquiry...is seeking to establish how consumers, artists and the distribution companies should be protected in a continually evolving market place...Regrettably, this session will not be open to the public but a full transcript of the sessions will be made publicly available when the final report is published in April."

  • BBC News: Libraries fear digital lockdown - "Libraries have warned that the rise of digital publishing may make it harder or even impossible to access items in their collections in the future."
  • Patriot Act Extended Again for Another 5 Weeks

    AP: Congress Extends Patriot Act Five Weeks

  • Postings on Patriot Act
  • Quadrennial Defense Review Report

    Quadrennial Defense Review - U.S. Department of Defense: "This 2006 Quadrennial Defense Review is submitted in the fifth year of this long war. The QDR is part of the continuum of transformation in the Defense Department. Its purpose is to help shape the process of change to provide the United States with strong, sound and effective warfighting capabilities in the decades ahead."

  • Full text, Quadrennial Defense Review Report (113 pages, PDF)
  • Date Set for Libby CIA Leak Trial

    Follow-up to February 2, 2006 posting, Correspondence on Libby Indictment Mentions Missing Emails, news today that the Libby trail date has been set for January 8, 2007 in U.S. District Court for the District of Columbia:

  • WSJ free feature: Libby Trial to Begin in January In Case Stemming From CIA Leak

  • AP: "The perjury trial of Vice President Dick Cheney's former chief of staff won't begin until January 2007, after the midterm congressional elections, in timing that Democrats consider favorable to Republicans."

  • Also noted that the New York Times reports that $2 million has been collected already for Libby's legal defense fund.
  • House Cmte. Seeks Operations Docs. from Websites Selling Cell Phone Records

    Follow-up to February 1, 200 posting, Sale of Cell Phone Records Subject of House Hearing and State AG Action, the following related news:

  • "House Energy and Commerce Committee leaders today demanded answers from operators of Internet sites like "phonebust.com" and "datafind.org" that offer criminals, stalkers and any other paying customer the detailed records of a person's private calls made on cellular, wire line or Internet-based phones. Letters were sent to Steven Schwartz, director of First Source Information Specialists, Inc., of Tamarac, Fla., [link to letter] which manages the datafind.org, locatecell.com, celltolls.com, and peoplesearchamerica.com sites; and Patrick Baird, director of PDJ Services of Granbury, Texas, which manages phonebust.com [link to letter]. The deadline for responding is Feb. 17."
  • 36 Senators Request Appointment of Special Counsel to Investigate Abramoff Scandal

    Press release: "U.S. Senators Harry Reid, Charles E. Schumer, Ken Salazar, and others sent a letter [text included in this release] signed by a majority of Democrats to Attorney General Alberto Gonzales asking him to appoint a special counsel to continue the investigation into and prosecution of the Jack Abramoff corruption scandal."

    Judiciary Cmte. Democrats Again Request Data on Domestic Surveillance From AG

    Press release: "The Committee Democrats first asked Attorney General Alberto Gonzales for correspondence, memoranda and legal opinions on January 27 in a letter. Senators sought the information in anticipation of the Feb. 6 hearing the committee is holding on the controversial surveillance program. So far, the Department has not responded. The text of the letter sent today as well as the underlying request for documents is [included in the text of this release -- also available in PDF].

    Related references:

  • Press release: "Today all eight Democratic members of the Senate Judiciary Committee 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...to testify on hearings on domestic spying program."

  • AP, Papers: Ford White House Weighed Wiretaps...George H.W. Bush, Donald Rumsfeld and Dick Cheney are cited in the documents.

  • Postings on domestic surveillance

  • GAO Report on Assessing and Certifying Nuclear Weapons

    Nuclear Weapons: NNSA Needs to Refine and More Effectively Manage Its New Approach for Assessing and Certifying Nuclear Weapons, GAO-06-261, February 3, 2006. Highlights.

  • "In 2001, NNSA's weapons laboratories began developing what is intended to be a common framework for a new methodology for assessing and certifying the safety and reliability of the nuclear stockpile without nuclear testing. GAO was asked to evaluate (1) the new methodology NNSA is developing and (2) NNSA's management of the implementation of this new methodology."

  • Permanent Link       Topic(s): Government Documents
    Senate Intel Cmte. Hearing on Current and Projected National Security Threats to the US

    Senate Intelligence Committee hearing: Current and Projected National Security Threats to the United States, Thursday, February 2, 2006.

    Partial transcript which includes statements by Sen. Russ Feingold. Witnesses are listed as followed (please note only Negroponte statement is currently available): Ambassador John Negroponte, Director of National Intelligence; General Michael V. Hayden (USAF), Principal Deputy, Director of National Intelligence; Robert S. Mueller III, Director of the Federal Bureau of Investigation; Porter J. Goss, Director of the Central Intelligence Agency; General Michael D. Maples (USA), Director of the Defense Intelligence Agency; Charles Allen, Chief Intelligence Officer, Department of Homeland Security; Carol Rodley, Principal Deputy Assistant Secretary of State for Intelligence and Research.


    Related news:

  • New York Daily News: "The National Security Agency's secret domestic spying hasn't nabbed any Al Qaeda agents in the U.S. since the Sept. 11 attacks, FBI Director Robert Mueller told Congress yesterday."

  • Washington Post (reg. req'd): Surveillance Net Yields Few Suspects
    NSA's Hunt for Terrorists Scrutinizes Thousands of Americans, but Most Are Later Cleared

  • Postings on domestic surveillance

  • February 02, 2006
    Debate on Legal Authority for Domestic Surveillance Continues

    Boston.com: Specialists doubt legality of wiretaps - Many rebut assertion of presidential powers.

  • Postings on domestic surveillance

  • Rep. Jane Harman, FISA Warrants Can Cover All Activities Of The NSA Program: "I am one of the few in Congress who has been briefed on the program, and I am not clear why FISA as presently drafted cannot cover the entire program. If the post-9/11 amendments are insufficient, why were they proposed? If the modifications made by the PATRIOT Act are still inadequate, why didn’t the Administration propose additional changes?"

  • Permanent Link       Topic(s): Civil Liberties, Congress
    DHS OIG Report on Border Patrol's Compliance with Public Law 108-334

    Letter Report: A Review of Border Patrol's Compliance with Public Law 108-334 and the Use of Checkpoints within the Tucson Sector, OIG-06-08, November 2005 (PDF, 22 pages), released February 2, 2006.

    Permanent Link       Topic(s): Government Documents
    Competitive Initiative Part of President's Push for Technology and Innovation

    American Competitiveness Initiative: Leading the World in Innovation -Domestic Policy Council, Office of Science and Technology (27 pages, PDF).

  • State of the Union: American Competitiveness Initiative
  • Permanent Link       Topic(s): Government Documents
    Hearing Focuses on Internet Censorship in China

    Congressional Human Rights Caucus Members' Briefing: Human Rights and the Internet - The People's Republic of China, Wednesday, February 1, 2006: "China has one of the most sophisticated content-filtering Internet regimes in the world. The Chinese government employs sophisticated methods to limit content online, including a combination of legal regulation, surveillance, and punishment to promote self-censorship, as well as technical controls. Informational websites, including that of the BBC, Radio Free Asia, Voice of America and the public encyclopedia, Wikipedia, have been partially or completely blocked in China."

    Related references:

  • Remarks by Congressman Tom Lantos, Co-Chairman, Congressional Human Rights Caucus

  • BBC: Members of the Congressional Human Rights Caucus said four US firms were putting profits before American principles of free speech.
  • Time, February 3, 2006 - Google Under the Gun - For access to China, the Web giant agreed to censor itself. Why the company made a hard bargain

  • More Details Emerge on WMD Facts Available Prior to War

    Iraq, Niger, And The CIA - By Murray Waas, special to National Journal, Feb. 2, 2006: "Vice President Cheney and his then-Chief of Staff I. Lewis "Scooter" Libby were personally informed in June 2003 that the CIA no longer considered credible the allegations that Saddam Hussein had attempted to procure uranium from the African nation of Niger, according to government records and interviews with current and former officials."

  • Previous coverage of the CIA leak investigation from Murray Waas

  • Postings on WMD

  • Postings on Plame CIA Leak Case
  • Permanent Link       Topic(s): Government Documents
    Report On Impact of ID Theft in UK

    UK Home Office: Updated Estimate of the of the Cost of Identity Fraud to the UK Economy, 2 February 2006 (4 pages, PDF).

  • Update: Government 'overstated' ID fraud figures
  • Sen. Boxer Calls For Hearings on Censorship of Gov't Scientists

    Follow-up to January 29, 2006 posting, Gov't Climate Change Expert Contends Censorship of Data - today Sen. Barbara Boxer issued a press release that included the text of her letters to ranking members of two Senate committees stating, "It has come to my attention that the director of NASA's Goddard Institute for Space Studies, Dr. James E. Hansen, has had his public papers and statements on critical scientific matters severely restricted by Bush Administration officials. Considering the gravity of these allegations, I strongly urge you to hold a hearing to investigate these charges."

    CBO's Economic Projections for FY 2007-2016

    CBO: Testimony on The Budget and Economic Outlook: Fiscal Years 2007 to 2016 - February 2, 2006 (9 pages, PDF)

    Permanent Link       Topic(s): Government Documents
    Commentary on Forces Competing to Determine "Digital Destiny"

    The End of the Internet? by Jeff Chester: "The nation's largest telephone and cable companies are crafting an alarming set of strategies that would transform the free, open and nondiscriminatory Internet of today to a privately run and branded service that would charge a fee for virtually everything we do online...According to white papers now being circulated in the cable, telephone and telecommunications industries, those with the deepest pockets--corporations, special-interest groups and major advertisers--would get preferred treatment."

  • Related news from BusinessWeek.com: The telecommunications giant wants to devote most of its capacity to its own traffic, to Internet companies' dismay.

  • Related hearing to be held by the Full Senate Committee on Commerce, Science, and Transportation on Tuesday, February 7, 2006. Topic: Net Neutrality.
  • Permanent Link       Topic(s): Congress, Internet
    Correspondence on Libby Indictment Mentions Missing Emails

    Late last night AP reported that Special Counsel Patrick J. Fitzgerald stated in legal correspondence [the full text of which is available here in PDF] related to discovery in the Libby CIA leak indictment, that White House email from 2003 failed to be properly archived. The article quotes the response of noted government secrecy expert Steven Aftergood to this disclosure as follows - "Bottom line: Accidents happen and there could be a benign explanation, but this is highly irregular and invites suspicion."

    February 01, 2006
    Senate Cmte. Denied Access to DOJ Docs on Domestic Surveillance

    New York Times, February 2, 2006: Panel Rebuffed on Documents on U.S. Spying: "The Bush administration is rebuffing requests from members of the Senate Judiciary Committee for its classified legal opinions on President Bush's domestic spying program, setting up a confrontation in advance of a hearing scheduled for next week, administration and Congressional officials said Wednesday."

  • Related postings on domestic surveillance

  • HighBeam Research Expands Free Access to Reference and News Articles

    Press release: "HighBeam Research, Inc. has announced a series of upgrades to its collection of content on the HighBeam Research Engine, offering more than 1.5 million full-text articles to individual researchers for free and adding reference and news articles from Knight Ridder, Oxford University Press, and The Washington Post. Full-text articles from more than 200 sources are now offered for free, permanently, to all HighBeam users, even those who are not registered. For the free offering, HighBeam selected BusinessWire, Financial Management, Science News, USA Today magazine and other sources from its HighBeam Library--a collection of articles from more than 3,000 business, trade, academic, special interest, and general interest publications."

    Permanent Link       Topic(s): Legal Research
    New Book Online: Bright Ideas for Sunshine Week

    "Bright Ideas for Sunshine Week - This 72-page, full-color book features examples of some of the different ways Sunshine Week was observed in 2005. Sections include news and features, editorials and commentary, graphics and presentation, broadcast reports, online presentation, and ideas for 2006. The entire book is posted [online], broken out by section for easier downloading. Click on each chapter heading to open the PDF file."

  • Press release: "Hodding Carter III—an award-winning print and broadcast journalist, former State Department spokesman, and past president of the John S. and James L. Knight Foundation—has joined the Sunshine Week national open government initiative as honorary chairman for 2006. During Sunshine Week 2006, March 12-18, media organizations, civic groups, libraries, schools, non-profit organizations and others nationwide will participate in coverage of and discussions about the importance of protecting public access to government."
  • DHS OIG Report on Use of Pat-Downs in Screening Procedures

    Review of the Transportation Security Administation's Use of Pat-Downs In Screening Procedures (Redacted) OIG-06-10, November 2005 (PDF, 14 pages), released February 1, 2006.

    GAO Identifies Key Themes in Government's Lack of Disaster Preparedness

    Statement by Comptroller General David M. Walker on GAO's Preliminary Observations Regarding Preparedness and Response to Hurricanes Katrina and Rita (9 pages, PDF), released February 1, 2006: "GAO has undertaken a body of work to address federal, state, and local preparations for, response to, and recovery from Hurricanes Katrina and Rita. This correspondence contains GAO's preliminary findings."

  • "In the absence of timely and decisive action and clear leadership responsibility and accountability, there were multiple chains of command, a myriad of approaches and processes for requesting and providing assistance, and confusion about who should be advised of requests and what resources would be provided within specific time frames.."
  • State of the Union Address Available Via GPO and C-SPAN Websites

  • "The President's State of the Union Address was printed in the Congressional Record dated Tuesday, January 31, 2006, on pages H15-19." Copies of this address, as well as previous addresses given by President Clinton and by President George Herbert Walker Bush are available via GPO Access, in both HTML and PDF formats.

  • C-SPAN has an archive of State of the Union Addresses (text format) beginning with President Truman, inclusive of President George W. Bush. Video of the addresses is available from President George H.W. Bush onward.
  • Sale of Cell Phone Records Subject of House Hearing and State AG Action

    Phone Records For Sale: Why Aren't Phone Records Safe From Pretexting?, Full Committee on Energy and Commerce, February 1, 2006.

  • Statement of Rep. Joe Barton, R-Texas, chairman of the House Energy and Commerce Committee

  • FCC Chairman Martin's Statement (10 pages, PDF), is available on his agency website.

  • Prepared Statement of the Federal Trade Commission On Phone Records for Sale: Why Aren't Phone Records Safe From Pretexting?, Presented by Commissioner Jon Leibowitz


  • Related information and consumer protection resources:
  • Article from today's New York Times, House Panel to Press Cellphone Industry on Improving Protection of Customer Records.

  • Press release, January 30, 2006: Missouri first state to force Web business to stop selling cell phone records; Nixon obtains restraining order - Attorney General Jay Nixon...obtained a court order to prevent an Internet business and its owners from offering to sell the records of cell phone customers in Missouri. The defendants, who do business online under several names but most prominently as Locatecell.com, have been sued for violating state consumer protection laws by misrepresenting that it is legal for them to obtain, possess and sell the phone records."

  • Brief guide (2 pages, PDF) on How to protect your cell phone records

  • EPIC's Illegal Sale of Phone Records Page

  • Postings on sale of cell phone records

  • Quick Guide to Search Engine Privacy Tips

    Five Ways To Keep Your Google Searches Private: "Word that the government has been seeking search data from Google has struck fear into the hearts of Internet Explorer and Firefox users. Here are five simple steps to keep outsiders from uncovering private information about your Web browsing habits."

  • See also this posting by Bob Ambrogi on Anonymous searching

  • Permanent Link       Topic(s): Privacy, Search Engines