Posted On: September 30, 2009

CLLB Information Security Newsletter - Cyber Ethics

September 2009
Volume 2, Issue 9

Cyber Ethics

From the Desk of David Badertscher

What is Cyber Ethics?

Cyber ethics refers to the code of responsible behavior on the Internet. Just as we are taught to act responsibly in everyday life, with lessons such as “Don’t take what doesn’t belong to you,” and “Do not harm others,” -- we must act responsibly in the cyber world as well.

What are Responsible Behaviors on the Internet?

Responsible behavior on the Internet in many ways aligns with acceptable behavior in everyday life, but the consequences can be significantly different. For example, verbal gossiping is generally limited to the immediate audience (those within earshot) and may well be forgotten the next day. However, gossiping on the Internet can reach a far wider audience. The “words” are not forgotten the next day, but may live on the Internet for days, months or years and cause tremendous harm.

Some people try to hide behind a false sense of anonymity on the Internet, believing that it does not matter if they behave badly online because no one knows who they are or how to identify them. That is not always true. Computers, browsers, and Internet service providers may keep logs of their activities which can be used to identify illegal or inappropriate behavior.

The basic rule is do not do something in cyber space that you would consider wrong or illegal in everyday life.

When determining responsible behaviors, consider the following:

Do not use rude or offensive language.
Don’t be a bully on the Internet. Do not call people names, lie about them, send embarrassing pictures of them, or do anything else to try to hurt them.
Do not copy information from the Internet and claim it as yours. That is called plagiarism.
Adhere to copyright restrictions when downloading material including software, games, movies, or music from the Internet.
Do not break into someone else’s computer.
Do not use someone else’s password.
Do not attempt to infect or in any way try to make someone else’s computer unusable.

We were taught the rules of “right and wrong” growing up. We just need to apply the same rules to cyber space!

For more information on Cyber Ethics visit:

- U.S Department of Justice: www.usdoj.gov/criminal/cybercrime/cyberethics.htm- MS-ISAC: www.msisac.org/awareness/news/2007-01.cfm

- Symantec: www.symantec.com/norton/library/familyresource/article.jsp?aid=pr_cyberethics
- Cyber-Ethics Champions Code: www.playitcybersafe.com/resources/EthicsCode.pdf

- StaySafeOnLine: www.staysafeonline.info/content/cyber-ethics-materials
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OCTOBER IS NATIONAL CYBER SECURITY AWARENESS MONTH

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

www.nascio.org/newsroom/pressrelease.cfm?id=44

www.msisac.org/awareness/oct09/2009awareness.cfm


*****************************************************
LIVE NATIONAL WEBCAST
A Strategy for Promoting Cyber Security Awareness - October 8 – 2:00pm-3:00pm EDT
www.msisac.org/webcast/2009-10/index.cfm

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/


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MORE NEWS AND REFERENCES:

Information Security News, Tips and Trends from Janus Associates*

European cyber-gangs target small U.S. firms, group says
The Washington Post 08/25/2009

Organized cyber-gangs in Eastern Europe are increasingly preying on small and mid-size companies in the United States , setting off a multimillion-dollar online crime wave that has begun to worry the nation's largest financial institutions. A task force representing the financial industry sent out an alert Friday outlining the problem and urging its members to implement many of the precautions now used to detect consumer bank and credit card fraud.

"In the past six months, financial institutions, security companies, the media and law enforcement agencies are all reporting a significant increase in funds transfer fraud involving the exploitation of valid banking credentials belonging to small and medium sized businesses," the confidential alert says.
.
Businesses do not enjoy the same legal protections as consumers when banking online. Consumers typically have up to 60 days from the receipt of a monthly statement to dispute any unauthorized charges. In contrast, companies that bank online are regulated under the Uniform Commercial Code, which holds that commercial banking customers have roughly two business days to spot and dispute unauthorized activity if they want to hold out any hope of recovering unauthorized transfers from their accounts. Read More

7 easy ways to protect PC based information from theft

The proliferation of Personal Storage Devices (thumb drives, iPods, USB external hard disks, etc.) and simple remote access has created unprecedented levels of convenience and at the same time a substantially increased risk of data loss. Pocket sized external USB storage devices can put hundreds of Gigabytes of data storage at your fingertips which is easily enough space to house an industrial-strength database or thousands of documents, spreadsheets, photos and other sensitive information. With the right software installed, these devices can be configured to automatically transfer data off any machine into which they’re plugged. This can be a convenience for the owner of the data, or for the Bad Guy an easy way to potentially access and steal your data. Exploiting this type of threat is very inexpensive and does not take expertise.

Securing your environment is very easy and involves a multi-tiered Best Practices approach including:

Creating and enforcing sound policies and procedures thatlock down the system BIOS on all computers processing, storing or transmitting data.

Creating a logon requirement that uses password and / or biometric authentication every time the PC is turned on.

Requiring the use of strong passwords that contain a minimum 7 character combination of both alpha and numeric symbols.

Never sharing or writing down your passwords.

Automated forced changing of passwords every 60 days.

Locking the PC after 10 minutes of inactivity to prevent unauthorized access to the machine and its data when the user steps away.

Turning off the PC when it is unattended for long periods of time. This one is an often overlooked critical step. A turned off PC means that someone who gains unauthorized access to the network has no access to the hard drive of that specific machine. If the PC is infected and part of a Bot network shutting it down will prevent its use as a zombie for mass spamming or D.o.S. attacks. Think about it; how many people do you know who leave their pc’s at work or home on 24/7? If it’s on it can be accessed remotely.

Securing your PC and data isn’t rocket science. It’s simply a matter of common sense and best practices. Cases in point; would you leave your house unlocked when you go to work for the day or leave your keys in the car and walk away? Of course not. So why would you leave your PC unlocked when you aren’t there? Easily implemented precautions that cost you nothing beyond a few minutes of your time can help minimize the risks associated with data loss and identity theft.
________________________________
* JANUS Associates provides a full range of information security and business information solutions including risk analysis, penetration testing, Payment Card Industry and regulatory compliance assessments including HIPAA, disaster recovery and business continuity planning and testing, eDiscovery, data forensics and data breach crisis management.

In business since 1988, JANUS has the longest tenure of any independent IT security firm in the nation and has been in the forefront of providing quality IT centric services.

JANUS is an independent, woman-owned vendor neutral company with deep skills and strong credentials in the government, commercial and Not-For-Profit sector.


Posted On: September 18, 2009

Findlaw Case Summaries: Criminal Law and Procedure

September 7-11, 2009.

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

U.S. 1st Circuit Court of Appeals, September 11, 2009
US v. Bucci, No. 07-2376
Defendant's sentence, a forfeiture order and convictions for drug trafficking and related crimes is affirmed where: 1) district court did not abuse its discretion in denying defendant discovery in support of his vindictive-prosecution claim; 2) a second superseding indictment was timely filed as defendant did not "engage" in a monetary transaction until the funds were deposited into his account; 3) defendant had no reasonable objective expectation of privacy in the front of his home; 4) officers had probable cause to believe there was evidence of criminal activity in defendant's vehicle to conduct a search; 5) district court did not abuse its discretion in allowing the government a rebuttal opening statement; 6) district court's imposition of enhancement did not violate defendant's Sixth Amendment rights where the court was aware of its discretion to impose a below-guideline sentence and adequately considered defendant's argument for a below-guideline sentence; and 7) distri! ct court did not plainly err in instructing the jury that "proceeds" meant "gross proceeds" for forfeiture purposes.

U.S. 3rd Circuit Court of Appeals, September 11, 2009
Simmons v. Beard , No. 05-9001
In habeas proceedings arising from defendant's capital murder conviction, district court's grant of habeas relief on the ground that the state prosecutors had withheld several pieces of material exculpatory evidence in violation of Brady is affirmed where the cumulative effect of the multiple Brady violations was to undermine confidence in the verdict.

U.S. 3rd Circuit Court of Appeals, September 11, 2009
Massey v. US, No. 09-1665
District court's denial of pro se defendant's petition for a writ of audita querela is affirmed as his claim is cognizable under 28 U.S.C. section 2255 and there is no gap to fill in the post-conviction remedies

U.S. 6th Circuit Court of Appeals, September 08, 2009
Ruelas v. Wolfenbarger, No. 08-1571
In a murder prosecution, the district court's grant of a habeas petition is reversed where, even assuming state courts unreasonably applied federal law in determining that petitioner's guilty plea was not improper, the inquiry became whether the failure to consider manslaughter "had a substantial and injurious effect or influence" on the determination that he was guilty of second-degree murder, and it did not have such an effect.

U.S. 6th Circuit Court of Appeals, September 08, 2009
US v. Dyer, No. 08-5671
In a drug prosecution, a denial of defendant's motion to suppress evidence is affirmed where: 1) an affidavit in support of the search warrant established the reliability of the police's informant; and 2) there were sufficient indicia of reliability without substantial independent police corroboration.

Continue reading " Findlaw Case Summaries: Criminal Law and Procedure " »

Posted On: September 18, 2009

Findlaw Case Summaries: Constitutional Law

September 7-11, 2009.

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

U.S. 1st Circuit Court of Appeals, September 11, 2009
US v. Piza-Blondet, No. 08-2263
In condemnation proceedings involving a 34 acre parcel used by the Federal Aviation Administration for aircraft navigation, the district court's judgment is affirmed where the district court: 1) did not abuse its discretion in excluding defendant's own testimony when the court had excluded similar testimony by defendant's expert; 2) did not err in holding that the "before and after" method was appropriate in valuing the property, assuming a partial taking; and 3) did not err in submitting to the jury unity of use. Defendant's remaining contentions were without merit.

U.S. 6th Circuit Court of Appeals, September 11, 2009
Thompson v. Bell, No. 06-5744
In habeas proceedings arising from petitioner's capital murder conviction, district court's denial of relief is affirmed in part and reversed in part and remanded where: 1) district court's denial of defendant's Rule 60(b) motion is reversed and remanded with instructions for the district court to first rule on the merits of defendant's remaining ineffective assistance claims, while only addressing the incompetency question if it rejects the ineffective assistance claims on the merits; 2) the case is remanded to conduct defendant's incompetency hearing and decide the merits of his incompetency claim de novo because the Tennessee courts unreasonably applied federal law clearly established by Ford v. Wainwright, 477 U.S. 399, (1986); and 3) district court's dismissal of defendant's chemical competency claim is affirmed without prejudice to defendant raising a chemical competency claim in the future should he be forcibly medicated.

U.S. 7th Circuit Court of Appeals, September 08, 2009
Harper v. Sheriff of Cook County, No. 08-3413
District court's certification of a class action lawsuit involving challenges to the constitutionality of certain intake procedures at a county jail is vacated as the intake procedures detainees are required to undergo on remand to the Sheriff's custody after a probable cause hearing are an individual issue and thus, not appropriate for class disposition. The matter is remanded for resolution of plaintiff's individual claims.

Continue reading " Findlaw Case Summaries: Constitutional Law " »

Posted On: September 18, 2009

Health Care Reform: The Senate Health Education Labor and Pensions Committee Version

Hearing and listening to all of the media hype of the last few days, one could be convinced that the Baucus version released a couple of days ago is the only legislation being seriously considered in the present debate. Far from it. Not only do he have at least one House version of proposed health reform legislation, we also have another Senate version which was Reported by the Senate Health Education Labor and Pensions Committee (HELP on July 15, 2009 and introduced yesterday as the Affordable Health Choices Act S. 1679 by the Senate HELP Committee Chairman,Tom Harkin.

This bill certainly represents a different viewpoint on health care reform than the Baucus bill and we hope it will help to level the playing field in the ongong debates and discussion on health care. The HELP Committee legislation does provide for a public option. Here is some of the language from TitleXXXI Affordable Health Care Choices for All Americans that appears on page 43 of the proposed legislation:

‘‘(3) OFFERING OF COVERAGE.—
17 ‘‘(A) IN GENERAL.—A Gateway shall make
18 available qualified health plans to qualified individuals and qualified employers.
20 ‘‘(B) INCLUSION.—In making available
21 coverage pursuant to subparagraph (A), a Gateway shall include a public health insurance option.

Like the Baucus bill, the HELP Committee legislation has been going through its own evolution, the September 17, 2009 version contains changes from the July 15 version,. To enable you see these changes we have provided a link below to the Affordable Health Choices Act as introduced on September 17 and a second link to a chart which compares the July 15 and September 17 versions of the HELP Committee legislation.and indicates the changes between them..

Affordable Health Choices Act

Comparison Chart of Differences Between earlier (July 2009) Version of the HELP bill and the Harkin Version Introduced 9/17/2009


Posted On: September 16, 2009

Baucus Health Care Proposal: America's Healthy Future Act 0f 2009

Today Sept. 16, 2009, Senator Max Baucus of Montana, the chairman of the Senate Finance Committee, released the first draft of the committee's long awaited proposed legislation to overhaul the country's health care system. The proposal is the result of more than a year of preparation and more than three months of intense negotiations between a small group of Democrats and Republicans led by Senator Max Baucus, Democrat of Montana, the chairman of the Finance Committee.

The following are a few highlights of interest included in this 223 page proposal:

The bill includes a slimmed down price-tag of $856 billion over 10 years. Earlier versions of the health care legislation had come in costing $1 trillion or more

13 percent. That’s the share of family income that the Baucus plan envisions middle-class American families having to pay in health insurance premiums before co-payments, deductibles and other cost-sharing.

bill as proposed seeks to extend health coverage to more than 30 million uninsured American citizens. To do so, it would broadly expand Medicaid, the state-federal insurance program for the poor, and provide government subsidies to modest-income individuals and families to help them buy coverage.

The bill has no public option. Instead, it would expand coverage by creating a network of state-based non-profit health insurance cooperatives. These cooperatives would be seeded with $6 billion in federal money, enough to cover start-up costs and meet insurance insolvency requirements.

All of the insurance plans in the exchange would have to meet strict new government requirements. Insurance companies could not bar coverage based on pre-existing medical conditions, and could only increase the cost of premiums based on a small number of factors, like age, tobacco use and whether a plan is for an individual or a family.

The Baucus health care proposal is now called the America's Healthy Future Act of 2009

For those who would like additional insight into the thinking of Senator Max Baucus and his Committee regarding health care issues we are also including a link to The Call to Action: Health Care Reform 2009, a white paper released by Senator Baucus and his Committee on November 12, 2008.

Posted On: September 14, 2009

AACR Move Over! Here Comes RDA!

Here is the companion article to "In Appreciation of Library Catalogers and Cataloging Standards" posted by me 7/23/09. At the end of that article I wrote that I had asked Joni Cassidy to consider writing an article for this blog that woud explore RDA in greater depth. Joni agreed, I am proud to present to you the article below prepared by Joni and two senior members of her staff at Cassidy Cataloging Services.

David Badertscher

AACR Move Over! Here Comes RDA!

By Joni L. Cassidy, Paula J. Perry, Donna Rosinski Kauz,
Cassidy Cataloguing Services, Inc.

First, our heartfelt thanks to David for defending the utility of catalogs and the work of catalogers. It is good to hear from an Administrator who understands and appreciates the value of controlled vocabularies and targeted access points, and doesn’t believe the myth that "keyword searching on the Internet" will solve all information needs.


Executive Summary –

RDA stands for “Resource Description and Access.”
It will replace the AACR2, “Anglo-American Cataloguing Rules, 2nd ed.”, as The Cataloger’s Bible.
The draft version is available for review now, but adoption dates are uncertain.

The emphasis of this new cataloguing code is to help users find the information they seek, to somewhat simplify the descriptive cataloguing process, and to support the conceptual model known as FRBR, “Functional Requirements for Bibliographic Data.”

Unlike AACR2 which focuses first on the format of the item-in-hand to be cataloged, FRBR focuses first on the elements describing the work and its creator, followed by the format, then the description, and, finally, the item details such as copy number or barcodes. For the cataloger, it will be somewhat of a reversal of the intellectual process of creating a catalog record.

Perhaps the most important question is: “Will law libraries continue to require the services of Technical Services Librarians?” The answer is a resounding “Yes!” Whether we are called “Catalogers” or “Metadata Specialists” or “Technical Services Professionals”, our skill-set will be essential to the successful information-gathering of the end-user. Plans are well underway to re-educate the practitioners.

If you work in the Technical Services sector, you’ve probably been reading about the RDA, or Resource Description and Access, for quite some time. But, if you work in Administration or Public Services, you may be reading about it here for the first time. So, we will begin at the beginning: the RDA is, in essence, the AACR3 or Anglo-American Cataloguing Rules, 3rd edition. It is meant to be the "cataloguing standard for the 21st century". It is a new code that is written to put a stronger emphasis on helping users "find, identify, select and obtain" the information they are looking for, chiefly through the use of clustering of bibliographic records.

Clustering is based on a new conceptual model developed by the International Federation of Library Associations and Institutions (IFLA) nicknamed FRBR. That stands for "Functional Requirements for Bibliographic Data" and it is pronounced FER-BER. A FRBR record shows the relationship between a work and its creator, as well as relationships with any translations, interpretations, adaptations, or physical formats of that same work. The four sections of the FRBR record are referred to as: "work", "expression", "manifestation" and "item".

For example, in a FRBR-ized catalog, a search for Inherit the Wind, for example, might yield several clusters: book editions, film, stage plays, etc. and each cluster might have sub-clusters: book translations, or DVD and VHS editions. Although RDA focuses on the information describing a resource, and NOT how to display the information, the two are, of course, intertwined.

RDA emphasizes "taking what you see” on the resource, and making a number of cataloging choices based on the form found in the first resource received (cataloged). Catalogers will have the flexibility to create a devised title for a compilation that lacks a collective title.

RDA lifts the limitations set by AACR2 in many areas. Here is a partial list:
1) Transcribing the entire statement of responsibility, no matter how many persons or bodies it contains.
2) Including “other title” information.
3) The number of added entries for collections of works by different persons or bodies.
4) Added entries for all parties on each side of a Treaty.

There are a number of changes in RDA regarding “Headings for Persons,” or how to cite a person’s name. A few notables: Terms indicating relationship, such as “Jr.”, are treated as part of the name, if there are variant spellings of a person’s name, choose the form found in the first resource received (cataloged), for compound surnames, refer to IFLA’s “Names of persons…”

Abbreviations will be replaced by fully spelled out words and phrases:
v. (loose-leaf) becomes volumes (loose-leaf)
p. becomes pages
ill. becomes illustrations
cent. becomes century
ca. becomes approximately

Latin abbreviations will be abandoned in favor of natural-language phrases:
s.l. becomes place of publication not identified
s.n. becomes publisher not identified

This means that each cataloging community will have to re-create records in their own language since standardization (sometimes in the form of Latin) will no longer apply.

“Some things will never change.” Up until now, that could be said of the standard ISBD punctuation originally designed to identify each data element on a catalog card and carried forward in time by the MARC formats. The RDA proposes to make ISBD punctuation optional, but has included information on presenting RDA-data in an ISBD display in Appendix D.

Moving away from the ISBD standard in electronic records allows libraries to have more flexibility in the record exchange formats that can be accepted by their library software systems. The MARC format could be reconfigured to work without the ISBD punctuation. Other record exchange formats, such as Dublin Core and ONIX, can already accept information that does not include the use of ISBD punctuation. Removing the expectation of a display that looks similar to a catalog card would allow software designers more latitude in the presentation of information.

It's not yet clear how (or how soon) the OPAC and ILS vendors will begin incorporating RDA and FRBR elements into their software and displays. Furthermore, it's also not clear how soon the Library of Congress and OCLC will adopt the new standards. We do know that 26 testing partners have been selected to participate formally in the Library of Congress’ planned test of the content and functionality of RDA. The final report from this group is expected 9-12 months from now.

We’ve begun to see baby-steps of forward motion. There is a new Specific Material Designation of “online resource” to be used in the MARC 300 field. This is already in use in the recently approved “Provider-Neutral Record Guidelines.”

The development and use of RDA and FRBR hold promise for a more facile information discovery process, but system developers and software designers will need to implement the new standards and will need to design products that take full advantage of the information that will be available in records following the RDA standard and FRBR concepts.

There have been discussions on Autocat, the worldwide cataloger’s listserv, recently about results being retrieved using www.worldcat.org, OCLC’s free Internet version of its own bibliographical database, that show holdings for titles that libraries do not actually possess, and the problem seems to be related to a FRBR grouping of different editions and different carriers of information. The libraries might hold the item as a microform, but they are listed as holding the item as a book. Understandably, this leads to problems with ILL requests, among other issues.


POSTING NO. 1
From: An Academic Librarian
Sent: Monday, August 31, 2009 9:55 AM
To: OCLC-CAT@OCLC.ORG [The OCLC Cataloger’s Listserv]
Subject: Discrepancies between actual holdings and displays

I’m just curious because this problem has come up twice within the last week. The first situation was someone finding a book in worldcat.org that said we had a copy, but there was nothing in our ILS. When I went into OCLC Connexion Client and searched by the OCLC number, there were no holdings attached to the record. I couldn’t find any other record for the book to which holdings were attached, either.

The second situation is similar, but the holdings were showing in the OCLC Resource Sharing product. I again searched through OCLC Connexion Client and didn’t find any instance of us having holdings attached. I also double checked this title in worldcat.org to see if there was a link between the two situations, but couldn’t find any records with our holdings attached.

POSTING NO. 2
From: A Rare Book Librarian
To: OCLC-CAT@OCLC.ORG
Sent: Monday, August 31, 2009 1:18 PM
Subject: Re: Discrepancies between actual holdings and displays

What you are experiencing is the “FRBRized” display in “OCLC WorldCat” which groups all editions and formats under one record as “holdings”. To “deFRBRize” you need to click on the very tiny link “Show libraries holding *just this edition*”. As a rare book library we find this feature incredibly frustrating and misleading. One of the rare book curators and I spent two hours trying to track down a rare Italian translation of a classical work that he thought we were matched to, though we had no copy in our OPAC. Turns out that our *microform* copy of the original LATIN text from a different year was what was showing up on the “OCLC WorldCat” display.

POSTING NO. 3
From: The Same Academic Librarian
To: OCLC-CAT@OCLC.ORG
Sent: Monday, August 31, 2009 2:48 PM
Subject: Re: Discrepancies between actual holdings and displays

Thank you to everyone who responded. It appears that the FRBR “feature” in Worldcat is the culprit, and I’ve informed our instruction librarian. I can’t imagine how challenging a situation this will be for us as more and more students start their research on Google and are directed to Worldcat.org (OCLC’s free Internet version). It seems to me like it should work the other way around: users click on a specific manifestation that they want and then have the option to search for all other manifestations. The way it works now is just misleading and frustrating for users who are actually sure exactly which manifestation they want.

*************************************************************************************************************

Click here to see an example of an FRBR record taken from http://www.loc.gov/marc/marc-functional-analysis/frbr-mid.html, which is a Library of Congress site. FRBR will allow library OPAC displays to show the relationships among works and expressions with multiple manifestations, e.g.,

OCLC needs to refine their information-parsing in order to improve the searching results, which demonstrates the need for software developers to work proactively toward utilizing the promise of RDA and FRBR in terms of information retrieval. Libraries that are still using a card catalog will find the new standards not integrating easily with their current model, and may need to continue using AACR2 and ISBD punctuation as it currently exists, which may create a barrier to sharing resources and using cataloging copy records.

Meanwhile, plans are in motion for the national libraries in the United States, Canada, Great Britain and Australia to take the lead in re-tooling catalogers and metadata specialists. Other training initiatives will come from the Program for Cooperative Cataloging Training Committee, the RDA Outreach Group, and the American Library Association’s RDA Implementation Task Force.

Bibliographic references:

Quotations in this article are from the brochure "RDA, Resource Description and Access: the cataloging standard for the 21st century" http://www.rda-jsc.org/docs/rdabrochure-eng.pdf and the Joint Steering Committee for the Development of RDA website http://www.rda-jsc.org/rda.html and the Joint Steering Committee FAQ website http://www.rda-jsc.org/rdafaq.html#4-5.

Posted On: September 11, 2009

The Emerging Field of Electronic Discovery Project Management

By Brett Burney
Principal
Burney Consultants LLC

We are proud to reprint the following article "The Emerging Field of Electronic Discovery Project Management" which first appeared as a TechnoLawyer TechnoFeature exclusive on September 1. It is being reprinted here with the written permission of both the author Brett Burney, a world recognized authority on issues related to bridging the chasm between the legal and technical frontiers of electronic discovery, and Technolawyer. Whether acknowledged or not we are living in an age of electronic discovery and must learn to cope with its challenges,which requires authorative, updated information such as that provided in Mr. Burney's article. The complete article is presented as a pdf file provided by TechnoLawyer which can be read by clicking on the link following some introductroy material from the article we have provided below for your convenience.

INTRODUCTION

Lawyers are not trained to manage projects. By nature, lawyers are visionary; they are trained to analyze and strategize. Lawyers can effortlessly drill deep into the legal logic they brew, but they rarely have the time or patience to rake through each logistical detail involved in supporting a litigation matter.

Electronic discovery permeates every litigation matter today, and an intricate level of detail and planning is crucial for balancing the time, costs, and scope involved with each project.

In their latest report on the eDiscovery industry, George Socha and Tom Gelbmann declare that "project management has grown in prominence as a means to minimize missteps and deliver more predictable, reliable, and cost-effective results."

MANAGEMENT SCHMANAGEMENT (first two paragraphs only)

The term "project management" seems innocent enough. After all, most lawyers "manage" an overwhelming deluge of tasks, people, and paper every day, which means that many lawyers consider themselves to be "project managers" by default.

Formal project management, however, is a recognized professional discipline, complete with educational requirements (Project Management Professional or PMP) and an oversight body called the Project Management Institute (PMI).

Complete Article: THE EMERGING FIELD OF ELECTRONIC DISCOVERY PROJECT MANAGEMENT, by Brett Burney


Posted On: September 11, 2009

September 11, 2001 Perspectives

Articles from the New York Times and the Washington Post September 11, 2009 discussing memories and implications of the tragic events that occurred eight years ago on September 11, 2001:

New York Times: September 11, 2009.

Remembering a Future That Many Feared
By N. R. KLEINFIELD
Published: September 11, 2009
In the immediate aftermath of Sept. 11, 2001, many New Yorkers imagined a grim future that has not come to pass.
http://www.nytimes.com/2009/09/11/nyregion/11dayafter.html


Editorial
Eight Years Later
Published: September 11, 2009
It is tragic that on this Sept. 11, when family members, politicians and visitors go to the ceremonies at ground zero, they will be gathering at an unfinished place.
http://www.nytimes.com/2009/09/11/opinion/11fri4.html

WASHINGTON POST. September 11, 2009.*


9/11 as a Lesson, Not a Memory

"Eight years later, the Sept. 11 attacks are pages in the history books to a generation that's too young to recall them.:
(By Eli Saslow, The Washington Post)
http://www.washingtonpost.com/wp-dyn/content/article/2009/09/10/AR2009091004425.html?wpisrc=newsletter


Where the Towers Stood, Delays and Disagreements Mount

( http://link.email.washingtonpost.com/r/F490YD/UZLXW/1K7G9/JFSVKG/VBZWV/W1/h )
(By Keith B. Richburg, The Washington Post)

"...The skyline will be made whole again," Giuliani said. And as a sign of the city's resilience, initial plans called for the rebuilding to be complete by 2011 -- the 10th anniversary of the terrorist attacks.
Eight years later, the site known as Ground Zero remains mostly a giant hole in the ground. A projected completion date has been pushed back years, if not decades. The project has been beset by repeated delays, changing designs, billions of dollars in cost overruns, and feuding among the various parties involved in the complex undertaking...."
http://www.washingtonpost.com/wp-dyn/content/article/2009/09/10/AR2009091004282.html?wpisrc=newsletter
______________________
*Subscription may be required for online access to Washington Post articles referenced above.

Posted On: September 11, 2009

ABA Journal Weekly Newsletter for Week Ending September 11, 2009

Top Ten Stories for Week Ending September 11, 2009.

Lawyer Pay
Income Gap Shrinks as Lawyers and Other Top Earners Take Pay Hit
Sep 10, 2009, 06:59 am CDT

Legal Ethics
Blogging Assistant PD Accused of Revealing Secrets of Little-Disguised Clients
Sep 10, 2009, 08:41 am CDT

Law Schools
North Dakota Law Dean Says U.S. News Info on Clerkships Is Wrong
Sep 8, 2009, 10:20 am CDT

Legal Innovation
Legal Rebels Roundup: Malamud, O'Malley & Rebels on Tour Named
Sep 9, 2009, 04:03 pm CDT

Carl Malamud, a nonlawyer working to make public documents accessible
Mae O'Malley, a busy mom who's managing a temporary staffing business
Tour '09: Meet the Rebels
Meet the Rebels Tour Crew
Careers
These Lawyers Found New Careers More Gratifying than Law Practice
Sep 9, 2009, 09:04 am CDT

Careers
Job-Hunting Older Lawyers Should Lose the Comb-Over, Update the Wardrobe
Sep 8, 2009, 07:39 am CDT

Solos/Small Firms
How a Kentucky Solo Exposed the Fen-Phen Lawyers
Sep 8, 2009, 08:36 am CDT

Legal Marketing
PI Law Firm Owes $1.5M for Phone Book Ads, Bankruptcy Petition Says
Sep 10, 2009, 09:53 am CDT

Careers
'Rip Van Winkle' Rejoins Aviation Firm After 7 Years as a High School Teacher
Sep 9, 2009, 02:26 pm CDT

U.S. Supreme Court
A Record 50% of Americans Say Supreme Court Is 'About Right' Ideologically
Sep 9, 2009, 01:09 pm CDT

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Posted On: September 10, 2009

Editorial: Judicature Calls Caperton Decision a Wake-Up Call

Des Moines, IA — September 1, 2009 — According to an editorial in the latest issue of
Judicature, the journal of the American Judicature Society, the U.S. Supreme Court decision in
Caperton v. Massey Coal Company is a wake-up call for states to take disqualification seriously.

The editorial explains that “If state judicial systems have procedures in place to ensure that
judges understand and follow more exacting disqualification rules, legitimate due process
problems need never arise.” Caperton held that West Virginia Supreme Court Justice Brent
Benjamin’s failure to recuse himself in a case involving a litigant who supported his election
campaign was a violation of due process.

The editorial recommends judicial education programs that identify factors judges should
consider when deciding whether campaign support they have received gives rise to a
disqualifying appearance of partiality; having contested disqualification motions assigned to a
different judge for final resolution; and, in the highest courts of each state, establishing a
procedure to review disqualification decisions of individual justices by the remainder of the court
or a special panel of judges. The editorial concludes that such procedures will foster public
confidence in the expeditious administration of justice.

The full editorial is available at www.ajs.org or by calling 800-626-4089.

Posted On: September 10, 2009

Vacancy Announcement: Research Manager - Congressional Research Service

Research Manager-Congress and Judiciary


SALARY RANGE: 120,830.00 - 153,200.00 USD /year

OPEN PERIOD: Tuesday, August 04, 2009 to Tuesday, September 22, 2009

SERIES & GRADE: GS-0101-15/15

POSITION INFORMATION: Full Time Permanent - No time limit

PROMOTION POTENTIAL: 15 DUTY LOCATIONS: vacancy(s) in one of the following locations: 1 vacancy - Washington, DC

WHO MAY BE CONSIDERED: US citizens - Nationwide

JOB SUMMARY:

Applications for this position are being processed through an on-line applicant assessment system that has been specifically configured for Library Of Congress applicants. Even if you have already developed a resume in USAJOBS, you will need to access this on-line system to complete the application process. To obtain information about this position and TO APPLY, please click on http://www.avuecentral.com/vacancy.html?ref=YSNHK.

Posted On: September 9, 2009

New on LLRX.Com August 2009


**The Government Domain: Tracking Congress 2.0

http://www.llrx.com/columns/govdomain42.htm

With the 111th Congress of the United States reconvening on September 8th, e-gov expert Peggy Garvin highlights new tools and sources that enhance and expand your ability to track and monitor the action.


**Re-Hashing the Hash Tag - Crowd Competition and Community Standards at the AALL2009 Conference

http://www.llrx.com/features/twitter.htm

Roger V. Skalbeck and Meg Kribble describe how the majority of social media activity during the 2009 AALL conference took place on Twitter, and how this technology impacts the profession and the free exchange of information, moving forward.


**The Legal Profession and Five Responses to Technology

http://www.llrx.com/features/fiveresponses.htm

Lawyer, writer and blogger Nicole Black's informed commentary reminds fellow professionals that technology and the Internet are here to stay.


**Burney's Legal Tech Reviews: The Dell Mini 9 and the Averatec All-in-one PC

Legal tech guru Brett Burney reviews the pros and cons of one of the smallest netbooks on the market, as well as a low-end all-in-one model PC, sporting a big monitor, all of which can easily be accommodated on just about any desktop.


**Law Practice Technology Information Sources and Tools

http://www.llrx.com/features/lawpracticetechinfo.htm

Ken Strutin identifies core sources to learn about new technologies that apply to legal research and law practice. In addition, he has identified specific tools that will contribute to managing research, communication and information-based tasks.


**LLRX Court Rules, Forms and Dockets - updated by law librarian Margaret Berkland

http://www.llrx.com/courtrules


**See also Sabrina'a blog - beSpacific.com, www.bespacific.com - comprehensive, accurate, focused news and recommended sources on law and technology issues, authored and updated daily since 2002 by Sabrina I. Pacifici, with a searchable database of over 21,000 postings. Topics include: the financial system, government documents, key federal legislation, privacy, cybercrime and ID theft, freedom of information, legal research, e-government, knowledge management, and more.

Subscribe to free daily beSpacific.com email updates here:
http://www.bespacific.com/mt/subscribe.html

Sabrina I. Pacifici
Founder, Editor, Publisher
LLRX.com - established in 1996
www.llrx.com
spacificATearthlinkDOTnet

Posted On: September 8, 2009

Judges Punish Wall Street As Regulators Just Talk About Reform

In their September 8 article in Bloomberg News, Cary O'Reilly and Linda Sandler write that "[A]s the White House and Congress debate how to regulate financial crisis, judges have assumed the point position of punishing Wall Street for causing the worst recession since the 1930s." O'Reilly and Sandler point out that while the executive and legislative branches of government continue to discuss the possibilities of implementing various reforms as a response to the financial crisis that began approximately a year ago, "judges are [actually] taking the first steps toward the same goal, punishing executives and issuing rulings with national impact." In their article O'Reilly and Sandler go on to enumerate specific examples of how some judges have proceeded along this path.

Posted On: September 8, 2009

OpentheGovernment.Org Secrecy Report Card 2009

We are forwarding the following message from Emily Feldman of the Government Relatiojns Office of the American Association of Law Libraries (AALL) because it contains important information that we believe should be distributed widely:

OpenTheGovernment.org today released the latest edition of their annual Secrecy Report Card (http://www.openthegovernment.org/otg/SecrecyRC_2009.pdf). This year's report card found slight decreases in government secrecy overall, though secrecy still trumps openness in many instances. This year's report also includes a special analysis of the Obama Administration's mixed track record on transparency.

Some of the highlights from this year's report include:

-FOIA backlogs were reduced slightly in 2008: government-wide, 17,689 more FOIA requests were processed than received in 2008.

-The Department of Justice reports 24,744 National Security Letter (NSL) requests pertaining to roughly 7,225 different U.S. persons were made in 2008, an 18% increase over requests in 2007—but a 50% decrease from reported 2006 numbers.

-More than 65% of the 6,840 meetings of federal advisory committees that fall under the Federal Advisory Committee Act (FACA) were completely closed to the public in 2008.

We encourage you to take a look at this year's fascinating report. The 2009 Secrecy Report Card is available here: http://www.openthegovernment.org/otg/SecrecyRC_2009.pdf

Posted On: September 8, 2009

Responding to Real Time Information, Open Systems, and the Obama IT Vision

Change 2010:

August 27, 2009, Washington, DC --"The Obama administration has challenged Federal information technology managers to explore more open systems," said Arpan Patel, Director of Somat's Information Engineering practice. "Federal managers face a compelling need to understand the differences between traditional approaches to information technology and increasingly important open approaches."

Somat Engineering, the company that builds engineering solutions worldwide, is holding a special, limited attendance briefing, Change 2010: Responding to Real Time Information, Open Systems and the Obama IT Vision, at the National Press Club in Washington, DC on September 23, 2009, at 9am.

WHAT: Change 2010: Responding to Real Time Information, Open Systems and the Obama IT Vision

WHEN: 9 am September 23, 2009

WHERE: National Press Club, Washington DC

CONTACT: Bob Miko, Pacific Dialogue Trade Show Bureau, Tel: 203-378-2803, Cell: 203-829-5613, E-mail: bmiko@pacificdialogue.com

GENERAL REGISTRATION: Go to http://bit.ly/ObamaITVisionBriefing.

This briefing features three presentations from experts that will provide a road map for tapping real time information and controlling information costs. The approach: innovative engineering and new features of open source, Google and Microsoft systems.

The first segment is "Open Systems and Existing Architectures: Engineering to Control Costs and Enabling Dataspaces." Arpan Patel, director of Somat's information engineering practice in DC, will discuss the basics of quantifying the costs and time required for system integration. The presentation will feature Somat's TechCrunch50 recognized collaboration software Ripply, which uses dataspace technology to eliminate the "where is that latest document/message/response problem" that most organizations and working groups face. For more information about Somat, visit http://tech.somateng.com.
The second segment is "Real Time Information: Injecting Now Information into Decision Systems." Robert Steele, CEO of OSS Inc. and founder of the Marine Corps Intelligence Center, as well as creator of the global expeditionary analysis analytic model, will connect the dots between internal knowledge management, external social networking grids such as Facebook and Twitter, external offline information and non-English information, as well as the creation of Organizational Intelligence, or access to and exploitation of All Information in All Languages All the Time, the title of his third book. Mr. Steele will map four steps to "build a bridge" between these information sources. For more information about Mr. Steele, visit http://www.tinyurl.com/RDSTEELE.

Jim Orris, director of Adhere Solutions, the Google partner responsible for US Federal government sales, will review Google's solutions for information integration and crafting more open solutions using Google's platform and Web services to hook into traditional systems using Google compatible connectors and software. More information about Adhere Solutions is available at http://www.adheresolutions.com.

An open-floor question and answer session will be moderated by Stephen E. Arnold, a recognized expert on online systems and information processing, and author of Google: The Digital Gutenberg, published in July, 2009, by Infonortics.com in Tetbury, Glos.

The event is hosted by Ram Ramanujam, President of Somat Engineering, an award winning, 8(a) technical services firm, headquartered in Detroit, MI, with offices in the US and abroad.

The formal 60 minute program will deliver actionable information for all organizations. The program begins at 9:30 am with coffee and tea. Registration is $25. Registrations are accepted at http://bit.ly/ObamaITVisionBriefing.

--
Constance Ard
Answer Maven®
502-777-2890
answermaven@gmail.com
http://www.answermaven.com

Posted On: September 8, 2009

U.S. Court of Appeals Judge Stays Microsoft Word Sales Ban

According to a report by Matthew Weigett in the September 4, 2009 Federal Computer Week, the U.S. Court of Appeals in Washington, DC has held that Mircosoft can keep selling its Word software in the United States. Microsoft had filed an emergency motion with the court to stay a ruling by Judge Leonard Davis of the U.S. District Court for Eastern Texas that ordered to the company to stop selling Word in the United States and to also pay the plaintiff i4i, a Toronto based software developer, over $290 million in damages and interest. The motion to stay has been granted, allowing Word sales in the U.S. to continue while the infringement lawsuit is appealed. The appeal is scheduled for September 23.

Posted On: September 4, 2009

Findlaw Case Summaries: Constitutional Law

August 24 - 28, 2009.

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

U.S. 1st Circuit Court of Appeals, August 24, 2009
Calderon-Garnier v. Sanchez-Ramos, No. 08-1284
In an employment discrimination case brought by a former prosecutor of Puerto Rico, summary judgment and dismissal rulings for defendants are affirmed where plaintiff raised no genuine issue as to any material fact that would cause the court to doubt whether the plaintiff had a meaningful opportunity to participate in a pre-termination hearing.

U.S. 1st Circuit Court of Appeals, August 24, 2009
Crawford v. Clarke, No. 08-2100
In an action brought by Muslim inmates in the custody of the Massachusetts Department of Corrections (DOC) alleging the Commissioner violated their right to freely exercise their religion, grant of an injunction in favor of inmates is affirmed where the district court did not abuse its decision in denying Commissioner's motion for reconsideration as the Commissioner sought to introduce evidence that could have been introduced at trial but chose not to.

U.S. 1st Circuit Court of Appeals, August 26, 2009
Negron-Almeda v. Santiago, No. 08-2360
In a case brought by dismissed employees of a government agency in Puerto Rico claiming political discrimination, district court's order of reinstatement against defendant-intervenor is affirmed where: 1) it was proper for the district court to revisit the earlier order where, under the law of the case doctrine, courts may reopen a matter previously decided on a showing of exceptional circumstances such as the serious injustice to the plaintiffs in this case; 2) the reinstatement order was proper as defendants could be substituted for the original party under Rule 25(c) and they are not protected by sovereign immunity.

Continue reading " Findlaw Case Summaries: Constitutional Law " »

Posted On: September 4, 2009

Findlaw Case Summaries: Criminal Law and Procedure

August 24 - 28, 2009.

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

U.S. 1st Circuit Court of Appeals, August 24, 2009
US v. Padilla-Colon, No. 07-2372
Conviction of defendant for possession of drugs with intent to distribute is affirmed where, although defendant's waiver of appeal was invalid, there was no error in the district court finding that defendant did not qualify for the safety valve provision of 18 U.S.C. section 3553(f), based on a reasoned assessment of the defendant's credibility in light of the facts on record.

U.S. 1st Circuit Court of Appeals, August 24, 2009
Crawford v. Clarke, No. 08-2100
In an action brought by Muslim inmates in the custody of the Massachusetts Department of Corrections (DOC) alleging the Commissioner violated their right to freely exercise their religion, grant of an injunction in favor of inmates is affirmed where the district court did not abuse its decision in denying Commissioner's motion for reconsideration as the Commissioner sought to introduce evidence that could have been introduced at trial but chose not to.

U.S. 1st Circuit Court of Appeals, August 26, 2009
US v. Calderon, No. 05-2650
District court's sentence and conviction of defendants for conspiring to possess drugs with the intent to distribute is affirmed where: 1) under the totality of the circumstances, the existence of common purpose, distribution of drugs, interdependence of various elements in the overall plan, and overlap among defendants, a reasonable jury could have convicted each of the defendants of the single conspiracy charge; 2) district court did not err in allowing a witness to testify as the defendant had not preserved a delayed disclosures claim; 3) court did abuse its discretion in admitting evidence of a firearm as it was clearly a relevant evidence and Rule 403 balancing did not weigh in favor of exclusion; 4) district court did not abuse its discretion in ruling that murder evidence was relevant, and even were the circuit court to conclude that the district court erred in admitting the evidence, the error would not be clear or obvious; 5) district court did not err in severing! defendant's trial from his codefendants as he did not file a severance motion before trial; and 6) district court did not err in determining the drug quantity findings in sentencing the defendants under the sentencing Guidelines

Continue reading " Findlaw Case Summaries: Criminal Law and Procedure " »

Posted On: September 4, 2009

ABA Journal Weekly Newsletter

Top Ten Stories for Week Ending September 4, 2009.

Careers
Study: US Government Will Need to Go on Hiring Binge, Legal Jobs Included
Sep 3, 2009, 06:31 am CDT

U.S. Supreme Court
Stevens Hires Only One Law Clerk, Spurring Retirement Speculation
Sep 2, 2009, 06:29 am CDT

Careers
New OCI Reality: Law Students Less Cocky, 40 Fewer Firms Recruit at Illinois
Sep 1, 2009, 09:07 am CDT

Legal Innovation
Legal Rebels Roundup: Reich, Henderson, Bruce & Tour Route Announced
Sep 3, 2009, 09:23 am CDT

Labor & Employment
Mom Loses Case Over Unauthorized 10 a.m. Breast-Pumping Bathroom Break
Aug 31, 2009, 06:42 pm CDT

Legal Ethics
Fla. Bar Board to Surf Social Websites for Adverse Applicant Info
Aug 31, 2009, 04:09 pm CDT

Law Firms
Sonnenschein Announces Layoffs of Up to 36 Lawyers
Sep 2, 2009, 03:23 pm CDT

Legal Ethics
Ex-Toyota Lawyer Alleges Destruction of Evidence in Rollover Suits
Aug 31, 2009, 08:43 am CDT

Trials & Litigation
Probable Cause Hearing Goes from Bad to Worse for Duct-Taped Defendant
Sep 1, 2009, 06:18 pm CDT

Women in the Law
Female Lawyers with Masculine Names May Have a Better Shot at Judgeships
Sep 3, 2009, 08:45 am CDT

Posted On: September 3, 2009

Book Review: Giants: The Parallel Lives of Frederick Douglass and Abraham Lincoln

Title: Giants: The Parallel Lives of Frederick Douglass and Abraham Lincoln

Author: John Stauffer

Publisher: Twelve (Hatchett Book Group)

Price: $30.00

ISBN: 13-0978-0-446-58009-0

Pages: 432

Abraham Lincoln has been written about extensively and ranks as one of the most prolifically written about subjects in print. Frederick Douglass is a much lesser written about historical figure. This book provides an interesting structure by providing a parallel framework in which the lives of these two individuals are recounted in individual chapters. This volume by John Stauffer (chair of the history of American civilization and professor of English at Harvard University) is written in a fluid and compelling manner that makes for an interesting and illuminating reading experience.

Abraham Lincoln's life story is particularly well known and inspiring and is the fabric of the American story and dream personified. His rise from humble origins in the American heartland, growing up on a farm, becoming a workman and store clerk to become a self-educated, highly successful attorney representing the largest and most profitable clients would be an American success story in itself. But he compounded these facts by entering a career in politics and rising to the American presidency-- the highest office in the land where he provided critical political and military leadership in preserving the union.

Similarly inspiring and perhaps of biblical proportions are the facts of Frederick Douglass' life. Born into the bondage of slavery, he escaped the brutality of a slave's life in the South to become an educated and respected publisher as well as public personage and orator. He became a famed abolitionist, orator, and writer. His most famous work is the Autobiography of Frederick Douglass.

The primary weakness of this book is the fact that there were only a few meetings between Lincoln and Douglass. The stories of their lives are fascinating. Lincoln had a profound impact on the course of history in his political and military leadership role as President. However, the fact that there were few recorded meetings hinders the joining of the two figures in one volume, but nonetheless it is clear that the events of that time period joined the personal and public stories of both Lincoln and Douglass in an uncommon and perhaps uniquely American way.

Lincoln's life was cut all too short by the assassin John Wilkes Boothe. His place in history was ensured prior to his assassination, but as a result he became an almost sainted figure. The Shakespearean lines with which Robert Kennedy paid tribute to his slain brother President John Fitzgerald Kennedy could equally apply to Lincoln: "When he shall die take him and cut him out into stars and he shall make the face of heaven so fine that all the world will be in love with night and pay no worship to the garish sun." This volume shines a different type of light on the lives of these two important American citizens and perhaps is most significant in highlighting and more highly publicizing Douglass' life by linking him more closely with Lincoln.

This book is recommended for public and academic libraries as well as special libraries with an orientation focusing on American history.

Theodore Pollack, Sr. Law Librarian, NY County Public Access Law Library


Posted On: September 2, 2009

Israeli Authorities Fight Back Against Country's Endemic Violence

The Jerusalem Post reports that Israeli authorities are trying to fight back against the violence that has become endemic in the country. Internal Security Minister Yizhak Aharonovich said violence has become "routine" despite the efforts of police. Prime Minister Binyamin Netanyahu said he considers violence and bullying to be a sort of internal terrorism and that his government would follow a policy of "zero tolerance to violence, both verbal and physical". Prime Minister Netanyahu presented a plan for change that includes harsher punishments, increased police presence on the streets and limiting alcohol sales..

Jerusalem Post

Posted On: September 2, 2009

What's Happening in Your State Related to Legislation Regarding the Use of Restraints on Pregnant Women

According to the Editors of The Crime Report, the movement to ban shackling pregnant prisoners is gaining momentum. On August 26, 2009, Governor David Paterson of New York signed a bill (now NY Chapter 411 2009) banning the practice for all but the most unruly inmates. What is happening in your state?

Only six states—California, Illinois, New Mexico, New York, Texas and Vermont—have legislation regulating the use of restraints on pregnant women. Women detained in 44 states, the District of Columbia and the Federal Bureau of Prisons lack such legislative protection. Some state departments of corrections did not provide details on what type of restraints may be utilized during labor, nor did they provide their policy.

(Research provided by Amnesty International and The Rebecca Project for Human Rights.)

Alabama

Alabama stated that restraints depend on the security class of the woman, but that “often two extremities are restrained.” Alabama allows the use of restraints during labor. Alabama may use restraints on pregnant women in the third trimester.

Alaska

Alaska allows the use of restraints during labor.

Arizona

Arizona may use restraints on pregnant women in the third trimester. Arizona has no written policy governing restraints on pregnant women.

Arkansas

Arkansas reportedly has a policy stipulating that women with “lesser disciplinary records” will at times have one arm and one leg restrained by flexible nylon “soft restraints.” Arkansas did not provide information on how women with other disciplinary records are restrained. Arkansas may use restraints on pregnant women in the third trimester. In Nelson v Norris, the Eighth Circuit upheld Arkansas’s restraint policy.

California

California does not use restraints during labor and delivery. California has legislation regulating the use of restraints on pregnant women. California may use restraints on pregnant women in the third trimester.

Colorado

Colorado has no legislation limiting the use of shackling on pregnant inmates.

Connecticut

Connecticut has a written policy stipulating that no restraints are to be used on inmates during labor and birth. Connecticut may use restraints on pregnant women in the third trimester.

Delaware

Delaware allows the use of restraints during labor. Delaware may use restraints on pregnant women in the third trimester.

Florida

Florida has a written policy stipulating that no restraints are to be used on inmates during labor and birth. Florida reported that placement of an officer in the delivery room is decided on a case-by-case basis. Florida may use restraints on pregnant women in the third trimester.

Georgia

Georgia does not use restraints during labor and delivery. Georgia may use restraints on pregnant women in the third trimester.

Hawaii

Hawaii reported that they have no policy but that the practice is not to restrain women during labor and birth.

Idaho

Idaho allows the use of restraints during labor. Idaho may use restraints on pregnant women in the third trimester.

Illinois

Illinois allow restraints until the inmate is in “active labor” or arrives at the delivery room. Illinois has legislation regulating the use of restraints on pregnant women. Illinois may use restraints on pregnant women in the third trimester.

Indiana

Indiana allows the use of restraints during labor. Indiana may use restraints on pregnant women in the third trimester.

Iowa

Iowa reported that they have no policy but that the practice is not to restrain women during labor and birth. Iowa may use restraints on pregnant women in the third trimester.

Kansas

Kansas has a policy on restraining pregnant women during transportation, but no policy governing the use of restraints on women during labor and birth. The practice is not to restrain women during labor and birth. Kansas may use restraints on pregnant women in the third trimester.

Kentucky

Kentucky has no legislation limiting the use of shackling on pregnant inmates. The use of use of restraints during labor is based on hospital protocol and procedure.

Louisiana

Louisiana prisons have no restrictions on the application of restraints other than specifying that pregnant women should not be restrained facedown in four-point restraints. Louisiana also allows restraints, including leg irons to be utilized. Louisiana may use restraints on pregnant women in the third trimester.

Maine

Maine allows the use of restraints during labor. Maine may use restraints on pregnant women in the third trimester.

Maryland

Maryland has no legislation limiting the use of shackling on pregnant inmates. Maryland DOC did not answer survey questions about policy towards women in labor.

Massachusetts

Massachusetts allow restraints until the inmate is in “active labor” or arrives at the delivery room. Massachusetts may use restraints on pregnant women in the third trimester.

Michigan

Michigan does not use restraints during labor and delivery. Michigan may use restraints on pregnant women in the third trimester.

Minnesota

Minnesota allows the use of restraints during labor. Minnesota may use restraints on pregnant women in the third trimester.

Mississippi

Mississippi allows the use of restraints during labor. Mississippi may use restraints on pregnant women in the third trimester.

Missouri

Missouri does not use restraints during labor and delivery. Missouri may use restraints on pregnant women in the third trimester.

Montana

Montana does not use restraints during labor and delivery. Montana may use restraints on pregnant women in the third trimester.

Nebraska

Nebraska does not use restraints during labor and delivery. Nebraska may use restraints on pregnant women in the third trimester.

Nevada

Nevada reported that “normally only wrist restraints” are used. Nevadamay use restraints on pregnant women in the third trimester.

New Hampshire

New Hampshire stated that one foot maybe shackled to the bed during labor depending on security class of the woman in labor. New Hampshire may use restraints on pregnant women in the third trimester.

New Jersey

Women are not restrained in their third trimester, no restraints are applied during labor and an officer is stationed outside the door.

New Mexico

New Mexico does not use restraints during labor and delivery. New Mexico may use restraints on pregnant women in the third trimester.

New York

NY legislation passed Thursday prohibits state and local correctional authorities from using restraints on a pregnant female inmate who is being transported for childbirth, during labor and delivery, and in post-natal recovery. An exception to this rule is made under extraordinary circumstances where restraints are determined to be necessary to prevent the woman from injuring herself, medical or correctional personnel. In these instances, a pregnant woman may be cuffed by one wrist.

North Carolina

North Carolina allows the use of restraints during labor. North Carolina may use restraints on pregnant women in the third trimester.

North Dakota

North Dakota does not use restraints on pregnant women in the third trimester. No other information was provided.

Ohio

Ohio allows the use of restraints during labor. Ohio may use restraints on pregnant women in the third trimester.

Oklahoma

Oklahoma allows restraints until the inmate is in “active labor” or arrives at the delivery room. Oklahoma may use restraints on pregnant women in the third trimester.

Oregon

Oregon reported that it does not use restraints during labor and delivery “unless expressly requested by the attending physician.” Oregon may use restraints on pregnant women in the third trimester.

Pennsylvania

Pennsylvania allows restraints until the inmate is in “active labor” or arrives at the delivery room. Pennsylvania may use restraints on pregnant women in the third trimester.

Rhode Island

Rhode Island has a written policy stipulating that no restraints are to be used on inmates during labor and birth.

South Carolina

South Carolina allows the use of restraints during labor. South Carolina may use restraints on pregnant women in the third trimester.

South Dakota

South Dakota does not use restraints during labor and delivery. South Dakota may use restraints on pregnant women in the third trimester.

Tennessee

Tennessee allows the use of restraints during labor. Tennessee may use restraints on pregnant women in the third trimester.

Texas

Texas does not use restraints during labor and delivery. Texas may use restraints on pregnant women in the third trimester.

Utah

Utah did not respond to survey questions on DOC policy for pregnant women.

Vermont

Vermont has no legislation limiting the use of shackling on pregnant inmates.

Virginia

Virginia did not respond to survey questions on DOC policy for pregnant women.

Washington

Washington has a written policy stipulating that no restraints are to be used on inmates during labor and birth. Washington may use restraints on pregnant women in the third trimester.

West Virginia

West Virginia reports that leg restraints would not be used during labor. West Virginia may use restraints on pregnant women in the third trimester.

Wisconsin

Wisconsin allows restraints until the inmate is in “active labor” or arrives at the delivery room. Wisconsin may use restraints on pregnant women in the third trimester.

Wyoming

Wyoming has a written policy stipulating that no restraints are to be used on inmates during labor and birth.

Federal Bureau of Prison

Federal Bureau of prisons agreed to stop routinely shackling pregnant inmates, and ban all use of belly shackles in October 2008.

District of Columbia

District of Columbia has a written policy stipulating that no restraints are to be used on inmates during labor and birth.