Posted On: August 28, 2009

Cybercrime: Rogue Computer Conficker Continues to Counfound Security Experts

The program, known asConficker( http://www.us-cert.gov/cas/techalerts/TA09-088A.html), uses flaws in Windows software to co-opt machines and link them into a virtual computer that can be commanded remotely by its authors. With more than five million of these zombies now under its control government, business and home computers in more than 200 countries this shadowy computer has power that dwarfs that of the worlds largest data centers. Conficker continues to confound the efforts of security experts to trace its origins and determine its purpose.

For additional commentary see John Markoff's article, "Defying Experts, Rogue Computer Code Still Lurks", published in the August 27, 2009 New York Times.

Posted On: August 28, 2009

Findlaw Case Summaries: Second Circuit U.S. Court of Appeals

To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw:

August 18 - 27, 2009.

View FindLaw's new Case Summary Blog for the U.S. 2nd Circuit Court of Appeals

CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, INJURY AND TORT LAW
Okin v. Cornwall-on-Hudson, No. 06-5142
In a 42 U.S.C. section 1983 action alleging that defendants-officers permitted plaintiff's partner to abuse her, summary judgment for certain defendants is affirmed in part where plaintiff failed to show a genuine issue of material fact as to whether defendants enhanced the risk of violence by making explicit assurances to the perpetrator. However, the ruling is reversed in part where plaintiff raised a genuine issue of material fact as to whether defendant-officers implicitly but affirmatively sanctioned the abuse.

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Dhafir, No. 05-5965
Defendant's Medicare fraud sentence is vacated where the district court overlooked an alternate means of determining which sentencing provision under U.S.S.G. section 2S1.1(a) applied to the charges against defendant

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Ware, No. 07-5222
Defendant's securities fraud conviction is affirmed, where the Double Jeopardy Clause did not apply to defendant's retrial because he himself moved for a mistrial. However, his sentence is vacated where the district court made insufficient findings regarding defendant's role in the conspiracy for sentencing purposes.

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Pizzonia, No. 07-4314
Defendant's Racketeer Influenced and Corrupt Organizations (RICO) Act conviction is affirmed where, even though the predicate acts proved by the government were outside the statute of limitations, other trial evidence permitted the jury to conclude that both the charged racketeering conspiracy and defendant's membership in it continued into the limitations period.


Continue reading " Findlaw Case Summaries: Second Circuit U.S. Court of Appeals " »

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Posted On: August 28, 2009

New Blog: PCAN (Preservation and Conservation Administration News)


Beth Doyle and Holly Robertson have launched a new online blog devoted to preservation and conservation administration called PCAN or Preservation and Conservation Administration News. http://prescan.wordpress.com/

Below is the description from their site that explains what PCAN is trying to accomplish. They are very excited about this site and hope that you, too, will find it useful. Their first post is up and concerns training library and archives conservators

Back in the day we had two great print publications, Conservation Administration News and the Abbey Newsletter. Before the internet and social networking, these were THE publications for news and information related to library and archives preservation and conservation. Now through the use of the internet, discussion groups, blogs, wikis, etc., we have more ways to communicate than ever, but you still need to be tuned in to the right place at the right time and have the rights to view the content.

We have two great online discussion groups, Conservation On Line (hosted by AIC) and Preservation Administration Discussion Group (ALA-Preservation and Reformatting Section) where we can post quick “how to” questions. We also have print publications such as Library and Research and Technical Services and the Journal of the American Institute for Conservation where academic research is published. While these resources are very useful, there is no “hot spot” for other relevant content such as editorials, essays, book reviews, etc., especially as they relate to preservation and conservation program administration which is where CAN and Abbey proved their usefulness.

With a nod to these two venerable publications, we introduce a new experiment: Preservation & Conservation Administration News or PCAN. We invite you to share in the experience. What would make this site fun and useful for you? What online resources do you follow and want to share? What are the hot topics that you talk about with your colleagues in the bar after the conference meetings are done? Some things we think may be interesting:

Editorials
Essays
White papers
Book reviews
Conference reports
News
Videos (tours of your lab or recordings of your musings)
Links to preservation/conservation related social sites and web pages
Discussion boards (the things you don’t want to ask on CoOL or PADG)

So, here we are. We hope that PCAN will be successful but that will only happen if you find it interesting enough to participate. Please contact us if you have content to add or ideas for us to consider. We look forward to hearing from you!

PECAN Editors/Administrators
Beth Doyle, Collections Conservator
Holly Robertson, Conservation Administrator

PCANeditors@gmail.com
September 2009

Posted On: August 28, 2009

ABA Criminal Justice Section: Second Annual Sentencing Advocacy, Practice and Reform Institute

The 2009 Fall Conference
Washington, DC.
November 6, 2009

"The ABA Criminal Justice Section, in cooperation with our co-sponsors, is proud to present a one-day seminar to address a broad array of sentencing and reentry issues, with a particular emphasis on sentencing practice in white-collar cases. The conference will examine sentencing and reentry trends and opportunities for reform at both the federal and state levels. The program will begin with a plenary session on the state of the sentencing union including rates of incarceration, sentencing trends, racial disparity, alternatives to incarceration, and recent federal legislation. There will be two tracks of instruction focused on reentry and two focused on sentencing, each addressing issues of concern to different segments of the criminal justice community, including probation and parole officials, white collar crime defense attorneys, prosecutors, academics, public defenders, judges, sentencing consultants, mitigation specialists, corrections personnel, victim advocates and policy experts. One track will focus on practice and procedure issues of particular concern to criminal defense attorneys in general and white collar practitioners in particular. Confirmed speakers include Jeremy Travis, President of the John Jay College of Criminal Justice and the U. S. Sentencing Commission. The second annual conference is hoped to again attract a broad cross-section of those involved in perhaps the most pressing criminal justice issues of our time".

Click on link below for complete brochure:

abanet.org/crimjust/calendar/2009fallconference.pdf

Posted On: August 28, 2009

ABA Journal Weekly Newsletter

Top Ten Stories for Week Ending August 28, 2009.

Features
Are You a Legal Rebel?
In the Magazine - September 2009

Sign the Legal Rebels Manifesto, ride along on our tour and learn from 50 of the profession's leading innovators. Here are the first seven:

Jeffrey J. Hughes: The Legal Grinder
Laurel Edgeworth: The Matchmaker
Patrick J. Lamb: A Betting Man
Roderick A. Palmore: Demanding Diversity
David Van Zandt: Purple Praise
Denise Annunciata: Paralegal Power
Richard Granat: Internet Obsessive

Law Students
A 'Lost Year' for 2Ls: About Half of BigLaw Jobs Are Gone
Aug 26, 2009, 09:46 am CDT

Attorney Fees
How GCs are Cutting Costs--and Possibly Law Firm Profits
Aug 24, 2009, 08:03 am CDT

Law Schools
North Carolina Central Tops List of Best Value Law Schools
Aug 25, 2009, 10:44 am CDT

Law in Popular Culture
Ben Affleck and Matt Damon to Portray Morgan Lewis Lawyers
Aug 25, 2009, 01:11 pm CDT

Law Practice Management
Skadden Halves 2010 Summer Program, Plans Offers for 95% This Year—For 2011
Aug 24, 2009, 03:10 pm CDT

Internet Law
Outed Over Online Rants, Blogger Threatens to Sue Google for IDing Her
Aug 24, 2009, 05:50 pm CDT

Attorney Fees
WilmerHale Leader Is the Latest Fixed-Fees Convert
Aug 24, 2009, 08:59 am CDT

Careers
News Flash to Law Students: If You Get a Summer Job Offer, Accept Now!
Aug 25, 2009, 06:26 pm CDT

White-Collar Crime
Paralegal Guilty in Fake-Libel-Suit Scam That Briefly Won $3M
Aug 24, 2009, 02:00 pm CDT

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Posted On: August 27, 2009

New York City: Special Event Permit Application Information

People often ask about procedures for obtaining approval to staging secial events in the City, especially those involving some form of street activity. New York City requires that a "Special Event Permit Application be submitted to the City of New York Street Activity Permit Office prior to any special event involving street activity held in the City. Depending on the type of event planned, other City agencies may also require approval. The below information includes a list of Application Sponsor Rules and Responsibilities, Support Permit Requirements, and a link to the City of New York Special Permit Application form:

APPLICANT/SPONSOR RULES AND RESPONSIBILITIES

IT IS THE APPLICANT’S/SPONSOR’S RESPONSIBILITY TO:
􀂃
MAINTAIN ONE LANE ON EVERY STREET FOR EMERGENCY VEHICLES.
􀂃
KEEP ALL FIRE HYDRANTS AND ALARM BOXES FREE OF OBSTRUCTION.
􀂃
SUBMIT EVIDENCE OF INSURANCE PRIOR TO FINAL PERMIT APPROVAL. PLEASE PROVIDE A CERTIFICATE OF INSURANCE WHICH NAMES THE CITY OF NEW YORK AS AN ADDITIONAL INSURED AND SHOWS A MINIMUM OF $1MILLION IN COMMERCIAL GENERAL LIABILITY INSURANCE AND A POLICY ENDORSEMENT WHICH INDEMNIFIES AND HOLDS HARMLESS THE CITY OF NEW YORK.
􀂃
PLEASE NOTIFY THE COMMUNITY OF THE EVENT BY POSTING “INFORMATIONAL” SIGNS 48 HOURS PRIOR TO CLOSURE OF THE STREET OR USE OF PARKING (THESE SIGNS WILL BE ISSUED WITH YOUR PERMIT). AND CONFIRM WITH THE NYPD THE POSTING OF “NO PARKING SIGNS” FOR ENFORCEMENT AND TOWING.


SUPPORT PERMIT REQUIREMENTS

PLEASE NOTE THAT ALL COMPONENTS OF THE EVENT ARE SUBJECT TO APPROVAL BY THE STREET ACTIVITY PERMIT OFFICE AND MAY REQUIRE APPROVAL BY AND/OR PERMITS FROM OTHER CITY AGENCIES. THE STREET ACTIVITY PERMIT OFFICE APPROVAL DOES NOT CONSTITUTE PERMISSION FROM OTHER AGENCIES. IT IS THE RESPONSIBILITY OF THE APPLICANT/SPONSOR TO SECURE ALL NECESSARY CITY OF NEW YORK PERMITS AND PROVIDE DOCUMENTATION TO THE STREET ACTIVITY PERMIT OFFICE PRIOR TO PERMIT ISSUANCE.

CITY OF NEW YORK SPECIAL EVENT PERMIT APPLICATION FORM

Posted On: August 25, 2009

Government, Cookies, and Federal Web Sites - Continued

After posting two articles on this Web site here and here related to the Obama administration seriously considering allowing much greater flexibility regarding the use of cookies and tracking devices on government Web sites, I thought I was finished with the topic. That is until this morning August 25 when I notices a well written and thoughtful editorial about "cookies" and the web in the New York Times. Since the editorial helped to clarify my thinking I wanted to share it with you here.

After a discussion of the issues, here in a nutshell are the concerns raised and approaches presented in the editorial:

1. More stringent requirements regarding the permanent and prominet display of notices on all government Web sites to clearly inform users that use of the Web sites is being tracked.

2. Make it easy for Web site users to opt out of being tracked if they so choose.

3. Have systematic procedures for purging information obtained on government Web sites through the use of "cookies" or other tracking systems as quickly and regularly as possible.

4.It is of greatest importance that the government build robust privacy protections into any tracking technology used on its Web sites.

5.. These rules and regulations should apply to outside parties that operate on government Web sites.

To see the editorial go to: I hope you enjoy it as much as I did.

http://www.nytimes.com/2009/08/25/opinion/25tue3.html

David Badertscher

Posted On: August 25, 2009

Transparency Chic According to Katherine Mangnu-Ward

In her interesting and provocative article, "Transparency Chic", Katherine Mangu-Ward, Senior Editor at Reason Magazine, writes: "...Privacy is dead. But one kind of information is still cozily tucked away, the law...[W]ith the possible exception of the ever-leaky CIA, no aspect of government remains more locked down than the secretive, hierarchical judicial branch. Digital records of court filings, briefs and transcripts sit behind paywalls like Lexis and Westlaw."

Katherine also writes about PACER and recommends that we all check out RECAP (PACER spelled backward) a free extension of Firefox to help gain access to and download documents. RECAP is a project of the Center for Information Technology and Policy at Princeton University.that, among other things, helps PACER users build a free and open repository of public records and also facilitates the downloading of these reords. RECAP is not a substitute for PACER; rather it is meant to be somewhat like a PACER facilitator. It is my understanding that you cannot use RECAP effectively unless you are also a PACER user. I go into this detail because Katherine recommends RECAP be used to download her article which is reproduced here with her permission.

Whether you agree or disagree, Katherine Mangu-Ward's article is well worth reading. Here it is: I am also providing a link to her article as it first appeared so that you can also read the comments at that location

TRANSPARENCY CHIC

BY

Katherine Mangu-Ward

Newborn babies have their own blogs and grandmothers are on Facebook. We Google potential dates. Privacy is dead. But one kind of information is still cozily locked away, safe from prying eyes: the law. President Obama may have come to Washington promising greater transparency, but progress has been less than impressive.

While the feds stumble toward openness, geeks and developers who made oversharing a way of life are bringing their can-do attitude to government transparency. Can't find what you're looking for on Regulation.gov? Try the new, user-friendlier OpenRegs.com. Frustrated by the terrible interface of Obama's Recovery.gov? Check out the easily-searchable Recovery.org.

But with the possible exception of the ever-leaky CIA, no aspect of government remains more locked down than the secretive, hierarchical judicial branch. Digital records of court filings, briefs and transcripts sit behind paywalls like Lexis and Westlaw. Legal codes and judicial documents aren't copyrighted, but governments often cut exclusive distribution deals, rendering other access methods a bit legally questionable. Supreme Court decisions are easy to get, but the briefs and decisions of lower courts can be hard to come by.

Last week, a team from Princeton's Center for Information Technology Policy took a pot shot at legal secrecy, setting in motion a scheme to filch protected judicial records and make them available for free online. One of the developers, Harvard's Stephen Schultze, says he went digging for some First Amendment precedent last fall and was shocked by the outdated technology he found. Knowing that "there's a certain geek cache to openness projects these days," Mr. Schultze and Princeton computer science grad students Tim Lee and Harlan Yu went straight to work.

Their almost-definitely-probably lawful system works like this: Right now, lawyers, nonprofits and researchers who use PACER, the clunky database maintained by the federal court system, must hand over their credit-card numbers and pay eight cents a page for records. Eight cents a page might not seem like much until you realize that the system isn't keyword searchable.

That's right: In 2009, judicial records in the U.S. are essentially unsearchable. Digital records—with confidential personal information (theoretically) redacted by attorneys—must be downloaded in unwieldy, badly labeled chunks. This is incomprehensible to anyone under 30. But it's a sad fact of life for those who pay lawyers hundreds of dollars an hour to dig up what would could be Googled in any other field.

Messrs Schultze, Lee and Yu whipped up a sleek little add-on to the popular Firefox Internet browser called RECAP (PACER spelled backward). Legit users of the federal court system download it. Then each time they drop eight pennies, it deposits a copy of the page in the free Internet archive. This data joins other poached information, all of which is formatted, relabeled and made searchable—the kind of customer service government tends to skimp on. Users can even see what has already been liberated while within the government system, a stylish and subversive touch. This week, as RECAP picked up speed, various court offices got skittish and began sending out emails acknowledging the project's legality, but "strongly discouraging" its use anyway.

The dream of state-provided transparency goes back as least as far as Abraham Lincoln, who established the Government Printing Office, which disseminates documents like the Congressional Record, on his first day in office in 1861. PACER itself was cutting-edge in 1988 when it was introduced as a dial-up service. It simply failed to keep up with the times.

Fortunately, as America's final preteen holdouts signed up for MySpace, geeks got itchy for the next big thing. Cultural and political conditions nudged them toward government transparency. Tech celebs like Craigslist founder Craig Newmark and Wikipedia founder Jimmy Wales have flocked to the Sunlight Foundation, which uses the Internet to improve meaningful access to government. Developer Tim Lee says "there's just a ton of low-hanging fruit. The hard part is getting the data out. The fun part is doing stuff with it."

With geeks like these on the job, the time when a farm bill has 31,452 "friends" may not be far off. (Of course, 31,449 of them will be farmers.) Judicial stats may soon appear with scores from the day's games at a sports-and-courts betting site. Someday your government may have as little privacy as you do.

—Ms. Mangu-Ward is a senior editor at Reason magazine.

Posted On: August 21, 2009

CLLB Information Security Newsletter - Cookies

Volume 2 Number 8 August 2009.

From the Desk of David G. Badertscher

Mmmm… cookies - chocolate chip and oatmeal with raisins! Cookies are one of the most popular snacks that exist today. Did you know you can get “browser” cookies almost every time you go on the Internet? These cookies help with Internet commerce, allow quicker access to web sites, or can personalize your browsing experience. However, there are some privacy and security issues to be aware of, so it is important to understand the purpose of a “browser” cookie and manage their use on your computer appropriately. This tip will help you understand what a “browser” cookie is, what it is used for and what risks might be associated with using cookies.

What’s a Browser Cookie and How is it Used?

Browser cookies are simply reference files stored on your computer, just like pictures and documents. When you visit a web site, the visited web site will often place a cookie on your computer. Cookies do not contain active content (executables) or links, just text-based information. The information in the cookie might indicate how often you visit the site, what kind of products you bought, what kind of things you searched for, etc.

There are two different types of browser cookies that are stored on your computer – session and permanent cookies. Session cookies are stored in the computer's memory only during your browsing session and are automatically deleted from your computer when the browser is closed. These cookies usually store a session ID that is not personally identifiable, allowing you to move from page-to-page without having to log-in repeatedly. Session cookies are never written to the hard drive and they do not collect any information from your computer. They are widely used by commercial web sites; for example, to keep track of items that a consumer has added to a shopping cart. For instance, when you add an item to your shopping cart while shopping online, the information on that item is placed into a cookie. When you are finished with your online shopping, the application then references the appropriate cookie, tallies up your purchases, and bills you for those items.

Permanent cookies are stored on your computer’s hard drive and are not deleted when the browser is closed. These cookies can retain user preferences for a particular web site, allowing those preferences to be used in future browsing sessions. Permanent cookies can be used to identify individual users, so they may be used by web sites to analyze users' surfing behavior within the web site. These cookies can also be used to provide information about number of visitors, the average time spent on a particular page, log-in information stored in an account, and generally the performance of the web site.

In addition to session and permanent cookies, many sites allow their advertisers to place “third-party” cookies on your computer. Third-party cookies allow the marketing or an advertising company to track your interests and browsing through multiple web sites and companies. Third-party cookies, ones used by companies you are not dealing directly with, are more of a privacy issue than a security issue. The more you allow companies to track your online behavior, the more they can market directly to your specific interests. How cookies are processed and/or stored on your computer is controlled by your browser’s privacy settings.

Risks and What Should I Do?

Although permanent cookies may be useful and convenient, there are risks associated with stored log-in credentials. Storing credentials in a cookie can increase the risk of your log-in information being discovered if someone else uses your computer or in the event your computer may be compromised. If your computer or the website you are visiting is compromised, cookies can be used for malicious purposes, such as hackers altering data in the cookie or intercepting traffic between your computer and the web site.

Is recommended that you:

Set your cookie preferences using your browser privacy settings.

Periodically delete cookies from your computer.

Session cookies should be automatically deleted when you have completed a financial transaction online. By clearing your cookies from your browser periodically you can decrease the risk of the misuse of information accidentally or intentionally stored in cookies.

Do not allow cookies to store login information.

Keep your system and browser up-to-date on patches, update your anti-spyware software, and only visit trusted web sites.

If you do not want to share your online behavior data with third-parties, set your privacy settings to not allow third-party cookies. Note, this may impact your browsing experience.

Be cautious when sharing your computer. If you stored credential information using a browser cookie (user names and password), the individual using your computer will have access to your account and will be able to process transactions in your name.

For More Information on Cookies Visit:

Web Browser Attacks: www.msisac.org/awareness/news/2008-07.cfm

Browsing Safely: Understanding Active Content and Cookies: www.us-cert.gov/cas/tips/ST04-012.html

Evaluating Your Web Browser's Security Settings: www.us-cert.gov/cas/tips/ST05-001.html

Http Cookie: http://en.wikipedia.org/wiki/HTTP_cookie

Free Security Checks: www.staysafeonline.info/content/free-security-check-ups

How to Control Cookies: www.aboutcookies.org/Default.aspx?page=1

The above comments are based on information tips provided by the Multi-State Information and Analysis Center (MS-ISAC). To learn more about MS-ISAC go to http://www.msisac.org/
_____________________

SHOULD COOKIES BE USED ON FEDERAL WEB SITES?

They say timeing is everything; sometimes I wonder. Late in July I begain receiving a number of e-mails about the federal government reconsidering the question of whether cookies and other technological tracking devices should be used on federal web sites. When this matter had been raised before, the Office of Management and Budget (OMB) in the White House and presumably others decided that use of cookies on federal web sites should be greatly restricted in not prohibited. That decision was based on privacy and other concerned deemed especially important at the time. See a discussion of the issues from the perspetive of OMB at:
http://blog.ostp.gov/2009/07/24/cookiepolicy/

Now, with newer, more advanced and more accessible techology, and other concerns, the question is being reopened and revied. I have submitted comments to the Office of Management and Budget, but certainly wish that I had received the above information from MS-IAC before doing so. The public comment period ended August 10 (unless it has been extended) and I did not receive the very helpful information and resources included above until two days ago August 19. I guess timing is everything after all.

At the time I received the earlier information, I did some research and posted information and links for those who might want either more background information, submit comments to the OMB blog or comment directly to the Federal Register, or all the above on this Criminal Law Library blog . To see my posting, which incorporates material I submitted to the OMB, visit:

http://www.criminallawlibraryblog.com/2009/08/should_cookies_be_used_on_fede.html

MORE;

Message Labs, now part of Symantec, has produced a white paper on what they consider the Top 5 Security Tips for 2009. The tips discussed are: Endure more than one line of defense; Educate your users about the risks; Control web access; Stay ahead of threats; and Know your legal obligations. To see the white paper go to:

http://whitepapers.technologyevaluation.com/download/9784/Top-5-Security-Tips-for-2009.html

OCTOBER IS NATIONAL CYBER SECURITY AWARENESS MONTH

“CYBER SECURITY IS OUR SHARED RESPONSIBILITY”
www.staysafeonline.org/ncsam

Posted On: August 21, 2009

Citations and Hyperlinks To Materials in Court Opinions on the Web

The following article published in the July 2009 issue of The Third Branch: Newsletter of the Federal Courts discusses a project conducted by U.S. Circuit librarians in the federal courts, and organized by the Fudicial Conference Committee on Court Administration and Case Management (CACM). The project involved observation and recording over a six month period of how court opinions and materials in court opinions are cited and hyperlinked in a representative sampling of web pages, resulting in a compilation of "suggested practices" for citing and hyperlinking these materials..

This type of resource is needed as a reference for citing primary materials in all branches of government - federal, state, local, and probably foreign and international as well.. With the increasing empsasis on "going green", preservation of resources, etc. the rate of conversion from hard copy to digital, web based materials is accelerating to the point where it is urgent that we have authoritative sources now that we can rely upon for citing and hyperlinking primary source legal materials on the web.

With this article I am happy to see an example of how the federal courts are "stepping up to the plate" on this issue.

David Badertscher

Here is the article from The Third Branch newsletter:

Internet Materials in Opinions: Citations and Hyperlinking

The Judicial Conference has issued a series of suggested practices to assist courts in the use of Internet materials in opinions. The recommendations follow a pilot project conducted by circuit librarians who captured and preserved webpages cited in opinions over a six-month period. The Internet often seems to pervade everyday life, giving us answers, matches, recommendations, definitions, and citations. But the information on the Internet can be as ephemeral as yesterdays blog entry. Websites can change or disappear altogether.

Judges are citing to and using Internet-based information in their opinions with increasing frequency, Judicial Conference Secretary Jim Duff wrote recently to chief judges. Unlike printed authority, Internet information is often not maintained at a permanent location, and a cited webpage can be changed or deleted at any time. Obviously, this has significant implications for the reliability of citations in court opinions.

The Judicial Conference Committee on Court Administration and Case Management (CACM) began the pilot project, conducted by circuit libraries, and received and endorsed the recommendations of an ad hoc working group of circuit librarians. In approving those recommendations in March 2009, the Judicial Conference agreed that all Internet materials cited in final opinions be considered for preservation, while each judge should retain the discretion to decide whether the specific cited resource should be captured and preserved. The Conference directed the Administrative Office to work with the CACM Committee to develop guidelines to assist judges in making the determination of which citations to preserve.

The guidelines suggest that, if a webpage is cited, chambers staff preserve the citation by downloading a copy of the sites page and filing it as an attachment to the judicial opinion in the Judiciarys Case Management/Electronic Case Files System. The attachment, like the opinion, would be retrievable on a non-fee basis through the Public Access to Court Electronic Records system. When considering whether to cite Internet sources, judges are reminded that some litigants, particularly pro se litigants, may not have access to a computer.

The Judicial Conference also recommended that the Judiciary avoid including in final opinions working hyperlinks that lead directly to materials contained within commercial vendor databases to prevent a stated or implied endorsement or preferential treatment. To the extent that a court determines that such hyperlinks are to be used in opinions, it is recommended that an appropriate disclaimer be provided

Related article in Findlaw: a subscription may be required for access:
http://blogs.findlaw.com/technologist/2009/08/how-courts-can-cite-internet-materials-in-opinions.html

Posted On: August 20, 2009

Hacking Attacks Exposed

A summary of an article, "Black Hat to expose attacks," by Tim Greene

August 5, 2009

This summary was forwarded by Judge Herbert B. Dixon,Jr of the Superior Court of the District of Columbia with the permission of the Center for Legal and Court Technology, formerly the Courtroom 21 project, http://www.courtroom21.net/ . Upon receiving a copy, I contacted Judge Dixon and we agreed that it was appropriate to post it here in recognition of the important work the Center for Legal and Court Technology is continuing.

With all the new techniques that computer hackers are developing these days, these seemingly undetectable attacks are insidiously maneuvering their way into our computers and databases. What can we possibly do to combat a silent stalker that leaves no trace on our hard drives of ever having been there? Luckily, a collaboration called Black Hat, formed in 1997, offers us a family of information security events designed to promote digital self defense.

The Black Hat USA 2009 conference convened last week in Las Vegas, NV. It brought together speakers and presentations from widely diverse backgrounds, including academia and information technology. Many of the presenters discussed ways in which hackers steal information secretly without leaving behind much evidence. One such tactic is to utilize computers that are plugged into a nearby electrical outlet. The attackers know, for instance, that the keyboard cable isn't protected and the signals that are made by hitting of the keys feed into the ground wire of the computer's electrical system. Hackers attach the ground of a power socket, located nearby, and connect it to two probes separated by a resistor. They then decode the letters by comparing the fluctuations in the voltage difference. Once the letters have been revealed, the attackers can figure out your passwords and determine what you were typing.

Have you ever checked on your bank balance or made a payment on a credit card while at an internet café or while using any type of public wireless? Doing this puts you at a high risk of being attacked and your passwords and account information stolen. Even when you think you are working within a secure SSL session, hackers are watching and waiting. An effort has been made to ensure more stringent website SSL certification qualifications, but lurking behind that green EV (extended validation) bar might be a browser still utilizing the older, more traditional DV (domain validation) issue SSL certificate. Websites looking to ensure their users that their whole website is EV SSL certified and safe to use would be well advised to make sure that all of their pages (even those they don't necessarily control) are up to date on all the newest certifications.

Along with software modules, such as Meterpreter, that can invade authorized software someone is running on their computer, many by savvy computer hackers are leaving no visible trace on our hard drives. Mandiant, a company that deals in intelligent information security, is hard at work developing different tools to help us track the damage that attackers are inflicting upon our computer systems. The best advice for now is, be careful where and how you access important information, try to only use websites that are fully EV SSL certified, and keep an eye out for any evidence that you've been hacked.

To learn more, go to www.networkworld.com <http://www.networkworld.com/

Posted On: August 20, 2009

100 Tips and Trick for Blogging Librarians

People from the Online College sometimes send me various lists related to libraries and websites which they have compiled for publication on the web. Their latest is a compilation by Donna Scott of "100 Terrific Tips & Tools for Blogging Librarians". Donna's list contains a number of interesting observations. I hope you find it useful and entertaining.I

Posted On: August 19, 2009

New York Appellate Criminal Cases Originating from the New York Supreme Court NY County

Update from the Lexis Alert Service,

August 19, 2009

1. People v. Olivo, 880, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5194; 63 A.D.3d 576; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5037, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Laura Ward, J.), ...

2. People v. Gomez, 892, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5169; 63 A.D.3d 558; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5036, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (William A. Wetzel, ...

3. People v. Disla, 864, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5182; 63 A.D.3d 566; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5062, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (James Yates, J.), ...

4. People v. Bustamante, 899, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5174; 63 A.D.3d 561; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5042, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Bonnie Wittner, J. ...

5. People v. Neary, 902, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5177; 63 A.D.3d 563; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5038, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Carol Berkman, J.), ...

6. People v. Rivera, 861, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5180; 63 A.D.3d 565; 881 N.Y.S.2d 359; 2009 N.Y. App. Div. LEXIS 5053, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
... appellant from a judgment of the Supreme Court, New York County (Charles Solomon, J.), ...

7. People v. Padworski, 893, 7538/89, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5170; 63 A.D.3d 558; 880 N.Y.S.2d 486; 2009 N.Y. App. Div. LEXIS 5041, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment of resentence, Supreme Court, New York County (Carol Berkman, J.), ...

8. People v. Hernandez, 874, 6597/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5188; 63 A.D.3d 571; 880 N.Y.S.2d 489; 2009 N.Y. App. Div. LEXIS 5040, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Rena K. Uviller, ...

9. People v. McNeil, 885, 832/03, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5163; 63 A.D.3d 551; 881 N.Y.S.2d 417; 2009 N.Y. App. Div. LEXIS 5047, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (William A. Wetzel, ...

10. People v. Nelson, 901, 3425/07, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 5176; 63 A.D.3d 563; 881 N.Y.S.2d 94; 2009 N.Y. App. Div. LEXIS 5048, June 23, 2009, Decided, June 23, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.
The People of the State ...
Judgment, Supreme Court, New York County (Lewis Bart Stone, ...

Continue reading " New York Appellate Criminal Cases Originating from the New York Supreme Court NY County " »

Posted On: August 19, 2009

New York Times Multimedia: Murder in New York City

Source:: NYTimes.com .

Looking at the New York Times website, I discovered links to a multimedia representation of dynamic homicide activity in New York City..This presentation leads to a variety of useful information including a June 19, 2009 article by Andrew W. Lehren and Al Barker, " In New York, Number of Killings Rises With Heat," providing what could be considered an overview. Also included are various graphical representations which along with the article provide an analysis of homicide data giving insights about who is killed in New York City, by whom, where the murders occur and why. Last but certainly not least, a map is included which provides continuous updates of homicide locations and similar information as data becomes available.

This information should be of interest to anyone who needs updated information regarding homicide activity and trends in New York City.

Posted On: August 18, 2009

Report: Investigation of the Waterfront Commission of New York Harbor

As has been widely reported in the news media, the State of New York Office of the Inspector General has just released its Report and Investigation of the Waterfront Commission of New York Harbor. This is a Report grew out of a complaint of alleged misconduct on the part of officials of the Waterfront Commission of New York Harbor that was referred to the Inspector General's Office on May 7, 2007 by then-Governor Spitzer. The Waterfront Commission is a bi-state entity established in 1953 by the United States Congress to investigate, deter, combat and remedy criminal activity and influence in the Port of New York and New Jersey, and to ensure fair hiring practices. Report findings include discussion and and enumeration of a number of abuses and irregularities identified by the staff of the Office of the Inspector General during their investigation of the Commission. To see the entire Report click on the link below:

Report: Investigation of the Waterfront Commission of New York Harbor. August 2009.

Posted On: August 12, 2009

Opportunities for OCLC Fellowships

Call for Applications for the
2010 OCLC Minority Librarian Fellowship Program

Application deadline: September 8, 2009

OCLC has announced the expansion and increased support of the OCLC Minority Librarian Fellowship program designed to provide a unique opportunity for aspiring library professionals from historically under-represented groups.

OCLC’s Minority Librarian Fellowship offers an opportunity unlike any other. As the world’s leading library cooperative, OCLC offers global exposure through its enterprise-wide product portfolios and operations. OCLC Minority Librarian Fellows will spend time in one of two assigned host units, Metadata Contract Services or Question Point, working on content-specific projects in cataloging or cooperative reference services. In addition, the Minority Librarian Fellows will spend time in the Global and Regional Councils division, with an orientation to OCLC and the OCLC member community, participation in OCLC governance meetings, and opportunities for shared learning experiences with many library and information professionals. Each Fellow will have a unique and specifically tailored experience. More information is available online at:

http://www.oclc.org/us/en/community/careerdevelopment/minorityfellows/

Description of the fellowships

In 2010 there will be two fellowships with different assignments.

Cataloging and Metadata Services

The Cataloging fellow will participate in several Metadata services, including cataloging for client libraries with emphasis on non-English materials, assistance in the selection and cataloging of materials for language sets, quality control work for WorldCat, and CIP upgrades. The opportunity to work with and create NACO authority records, along with exposure to a book vendor warehouse operation is included. This fellow will spend 3-4 months each in Metadata Contract Services, Quality Control, and the Cataloging in Publication Upgrade. (The fellow will spend 8-9 months in Dublin, OH and 3-4 months in Blackwood, NJ.)

Specific requirements:

Strong interest in specializing in cataloging/technical services
Fluent reading skills in a language other than English
Some familiarity with MARC, AACR2, Dewey decimal classification or Library of Congress Classification, Library of
Congress subject headings (course work would be acceptable).
Good communication skills
Flexibility
Self-directed


Question Point—Cooperative reference service

The Question Point fellow will have a unique opportunity to help develop an intern/practicum program for MLIS students geared towards virtual reference. The fellow will make contact with MLIS schools in the U.S. and Canada and work with designated faculty or staff to outline areas of possible interest, research, and work within the Question Point platform, cooperative, and databases. The fellow will have a significant role in launching the program and overseeing MLIS interns during the fellowship year.

Specific requirements:

Strong interest, with significant MLIS coursework or experience, in library reference services
Strong interest, with significant MLIS coursework or experience, in virtual reference
Some experience at a reference desk or other public services desk is highly desirable
Good communication skills
Flexibility
Self-directed

Salary and Benefits

· Salary will be very competitive and commensurate with experience and applicable market compensation

· The Fellows will be eligible for health & welfare benefits such as is provided to other similarly situated term-limited employees

· Relocation Assistance will be offered in the form of a lump sum distributed in two installments (50% at signing of offer and 50% after 90 days). The amount of the lump sum will be determined by the distance required for relocation during the term of the fellowship

Eligibility

Listed below are the position requirements:

· ALA-accredited MLS/MLIS or other graduate degree in technology with a special emphasis in libraries or other cultural heritage institutions (granted by January 2010)

· Have less than three years’ post graduate work experience
· Demonstrated awareness and sensitivity in issues of inclusion/diversity: strong awareness of other cultures and viewpoints, appreciation for the benefits of diversity in the workplace and library community, behavior which demonstrates the ability to work with people at all levels and from different backgrounds

· Strong organizational skills which include the ability to organize work plans and processes toward a targeted outcome
· Exceptional communication skills – written, oral, small group presentation
· Selected individual must represent historically underrepresented groups (i.e., defined in a manner consistent with the 2007 EEO-1 reporting classifications)

Applications are initiated by applying to a specific fellowship. The Metadata Services Job ID number is 1763 and the Question Point cooperative reference Job ID 1764, OCLC Minority Librarian Fellowship Program, at the OCLC Careers Center Internet site, www.oclc.jobs, where you will need to create an OCLC candidate profile. The application deadline is Tuesday, September 8, 2009.

Posted On: August 4, 2009

Should Cookies Be Used on Federal Web Sites?

David Badertscher*


The Office of Management and Budget (OMB) within the White House is considering whether federal web sites should be permitted to use cookies and other web tracking technologies and is asking for input from the public.

According to Michael Fitzpatrick, an associate administrator with the OMB Office of Information and Regulatory Affairs, "the goal of this review is to develop a new policy that allows the Federal government to continue to protect privacy of people who visit Federa(s)l websites while, at the same time, making these websites more user-friendly, providing better customer service, and allowing for more enhanced analytics".To read this entire discussion about cookies policy for Federal websites go to the posting by Mr. Fitzpatrick and Vivek Kundra of the Office of Science & Technology Policy Blog To share your comments on the approach outlined in their posting, you can post a comment on the OSTP blog, submit comments directly in response to the Federal Register notice mentioned in the posting, or email them to: oira_submission@omb.eop.gov. Comments submitted by August 10, 2009 in one of these three ways, will be taken into consideration. Responding to this posting directly from the OSTP blog requires registration and other authentication routines before posting.

Questions about whether use of cookies and similar tracking devices should be permitted on federal web sites have been raised before. By the late 1990s these questions were being discussed and debated especially in terms of the impact of their use on privacy resulting in various actions. The Children's Online Privacy Protection Act of 1998 set forth various standards regarding the collection of personal information online at websites devoted to children. On June 2, 1999, Jacob Lew, then Director of the Office of Management and Budget issued a memorandum "Privacy Policies on Federal Web Sites" which stated that "agencies are to post clear privacy policies on agency principal web sites, as well as at any other known, major entry points to sites, and at any web page where substantial amounts of personal information are posted. Privacy policies must be clearly labeled and easily accessed when someone visits a web site". That memorandum also provided that "...agencies could only use 'cookies' or other automatic means of collecting information if they gave clear notice of those activities".

The OMB Memorandum from that period which relates most directly to the cookies and tracking devices issues as currently being discussed is Memorandum M-00-13 "Privacy Policies and Data Collection Federal Web Sites" also issued by Mr. Lew on June 22, 2000. In this Memorandum, which I understand is usually considered as the underlying authority for current guidelines regarding the use of cookies and other tracking devices on Federal websites, Mr. Lew writes::" Because of the unique laws and traditions about government access to citizens' personal information, the presumption should be that "cookies" will not be used at Federal web sites." The key word here is "presumption" and Mr. Lew goes ahead to specify conditions: ".. unless, in addition to clear and conspicuous notice, the following conditions are met: a compelling need to gather the data on the site; appropriate and publicly disclosed privacy safeguards for handling of information derived from 'cookies'; and personal approval by the head of the agency"

Looking at some of the current comments on the Office of Science and Technology blog, it appears that although privacy issues are certainly a concern, there is considerably more emphasis on such issues as information security, ease of access, ease of use, using cookies to create more options for automating user-related processes on the web, etc. Clearly there is a division of opinion and all perspectives need to be considered very carefully.

One of my concerns as a law librarian relates whether the greater accessibility of cookies and other web tracking devices on Federal website could have any significant impact on the authenticity and integrity over time of knowledge based information accessed through Federal website. After all ,there is a real probability that in the future we will become increasingly dependant on Federal website as the ultimate authority and repository for primary source information originating from federal agencies. Ultimately, it seems to me that we should be thinking primarily of the concerns of the American people when considering these questions. With that in mind, given the various, sometimes conflicting concerns being expressed, I am wondering if it is feasible to consider creating a system that would enable each individual using a Federal website for either entering or retrieving data to determine at the outset whether he or she wants to use a cookies/tracking enabled version or a non-cookies version of the same Federal website and proceed accordingly. If such an arrangement is not feasible due to technology issues and overall social benefits I would tend to advocate a system which emphasizes privacy, authenticity, and security over convenience of use and immediate gratification, even though it would be nice to have it all. I agree that cookies as such are not bad; it depends on how they are used and how that use is controlled or regulated.

Vivek Kundra, Michael Fitzpatrick, and others are to be commended for their efforts to publicly reach out to others regarding these important issues.
________________________________
*David Badertscher is the Principal Law Librarian at the New York Supreme Court Criminal Term Library, First J D in New York, NY. All opinions expressed in the above posting are strictly his own personal opinions and are not associated in any way with the New York Supreme Court Criminal Term or the State of New York Unified Court System.