Posted On: July 28, 2010

The War Logs: Deciding What to Publish - And What Not to Publish

According to the New York Times, the articles published on July 25 are based on thousands of United States military incident and intelligence reports — records of engagements, mishaps, intelligence on enemy activity and other events from the war in Afghanistan — that were made public on Sunday on the Internet by WikiLeaks, an organization devoted to exposing secrets of all kinds. These reports are used by desk officers in the Pentagon and troops in the field when they make operational plans and prepare briefings on the situation in the war zone. Most of the reports are routine, even mundane, but many add insights, texture and context to a war that has been waged for nearly nine years.

The New York Times article, Piecing Together the Reports, and Deciding What to Publish, explains the process of deliberation through which the New York Times decided to publish, and sometimes not to publish, material from some 92,000 individual reports made available by WikiLeaks to the Times, The Guardian newspaper in London, and the German magazine Der Spiegel.

Posted On: July 23, 2010

CRS Report: State Efforts to Deter Unauthorized Aliens - Legal Analysis of Arizona's S.B. 1070 - Highlights

CRS Report Number 41221, July 12, 2010, Posted July 23, 2010.

AUTHORS: Michael John Garcia, Kate M. Manuel, Larry M. Eig

SUMMARY (From Official Report)
On April 23, 2010, Arizona enacted S.B. 1070, which is designed to discourage and deter the
entry or presence of aliens who lack lawful status under federal immigration law. Potentially
sweeping in effect, the measure requires state and local law enforcement officials to facilitate the detection of unauthorized aliens in their daily enforcement activities. The measure also
establishes criminal penalties under state law, in addition to those already imposed under federal law, for alien smuggling offenses and failure to carry or complete alien registration documents.Further, it makes it a crime under Arizona law for an unauthorized alien to apply for or perform work in the state, either as an employee or an independent contractor.

The enactment of S.B. 1070 has sparked significant legal and policy debate. Supporters argue that federal enforcement of immigration law has not adequately deterred the migration of
unauthorized aliens into Arizona, and that state action is both necessary and appropriate to
combat the negative effects of unauthorized immigration. Opponents argue, among other things,
that S.B. 1070 will be expensive and disruptive, will be susceptible to uneven application, and
can undermine community policing by discouraging cooperation with state and local law
enforcement. In part to respond to these concerns, the Arizona State Legislature modified
S.B. 1070 on April 30, 2010, through the approval of H.B. 2162.

Whenever states enact laws or adopt policies to affect the entry or stay of noncitizens, including
aliens present in the United States without legal authorization, questions can arise whether
Congress has preempted their implementation. For instance, Congress may pass a law to preempt state law expressly. Further, especially in areas of strong federal interest, as evidenced by broad congressional regulation and direct federal enforcement, state law may be found to be preempted implicitly. Analyzing implicit preemption issues can often be difficult in the abstract. Prior to actual implementation, it might be hard to assess whether state law impermissibly frustrates federal regulation. Nevertheless, authority under S.B. 1070, as originally adopted, for law enforcement personnel to investigate the immigration status of any individual with whom they have “lawful contact,” upon reasonable suspicion of unlawful presence, could plausibly have been interpreted to call for an unprecedented level of state immigration enforcement as part of routine policing. H.B. 2162, however, has limited this investigative authority.

Provisions in S.B. 1070 criminalizing certain immigration-related conduct also may be subject to
preemption challenges. The legal vulnerability of these provisions may depend on their
relationship to traditional state police powers and potential frustration of uniform national
immigration policies, among other factors. In addition to preemption issues, S.B. 1070 arguably
might raise other constitutional considerations, including issues associated with racial profiling.
Assessing these potential legal issues may be difficult before there is evidence of how S.B. 1070, as modified, is implemented and applied in practice.

As amended, S.B. 1070 is scheduled to go into effect on July 29, 2010. Several lawsuits have
been filed challenging the constitutionality of S.B. 1070 and seeking to preliminarily enjoin its
enforcement. The U.S. Department of Justice (DOJ) is among those challenging S.B. 1070,
alleging that its provisions, both separately and in concert, are preempted because they exceed
states’ roles with respect to aliens, interfere with the federal government’s enforcement of
immigration laws, and undermine U.S. foreign policy objectives.

CONCLUSION (From Official Report):
In recent decades, Congress has increasingly focused federal immigration policy on the daily
incidents of alien residency. Concomitantly, Congress has enlarged the opportunities for states to become involved in enforcing immigration law. S.B. 1070 is in the vanguard of testing the legal
limits of these increased opportunities, though H.B. 2162 modified some of its more legally
ambitious efforts. To a large extent, the legal fate of Arizona’s attempts to supplement federal
immigration enforcement efforts may depend on how its individual provisions are implemented.
Until then, it may be difficult to determine whether Arizona’s assertion of concurrent authority to
affect unauthorized immigration is regarded as complementing federal efforts or as being
counterproductive to them. At least some other states and localities that see themselves as heavily impacted by unauthorized immigration likely will join Arizona on any new ground that S.B. 1070 establishes. And this potential for diverse and possibly fragmented immigration enforcement doubtless will be among the many issues considered by the courts as legal challenges to S.B 1070 proceed. Several such challenges have been filed, including one by the DOJ, which seeks to preliminarily enjoin enforcement of S.B. 1070. Among other things, the federal government asserts that S.B. 1070’s provisions, both separately and in concert, “exceed[] a state’s role with respect to aliens, interfere[] with the federal government’s balanced administration of the immigration laws, and critically undermine[] U.S. foreign policy objectives.”137 Attorney General Eric Holder has also reportedly announced that the government could challenge the Arizona law on other grounds if its implementation results in racial profiling.138.
* Only highlights of this CRS report are included because under the terms of our subscription with CQ Roll Call we are not authorized to circulate this material received through them as complete documents on a public website. For information regarding subscribing to CQ Roll Call Group documents services go to

Posted On: July 22, 2010

Gloria Dinerman

Like others who have expressed their condolances, I felt both saddness and a sense of loss upon hearing that Gloria Dinerman, a prominent Information Sepecialist and business person, had passed away in New Providence, NJ on Sunday July 17, 2010. As mentioned in the obituary below, Gloria will be remembered by all of us for her "....unique style, sharp wit, and cultural savvy". I also remember her as a person of humanity and caring who was always ready to lend assistance when needed.

David Badertscher

Below is an obituary from the Home News Tribune July 21, 2010. followed by links to two articles by Gloria.:


Gloria Cohan Dinerman passed away in New Providence , NJ on Sunday July 17, 2010, after a long battle with pulmonary hypertension. Gloria was born in Brooklyn , NY and raised in Mt. Vernon , NY by her beloved mother Betty Weinberg Green. Determined and active in sports and the arts, she graduated Davis High School and attended Pembroke at Brown University , majoring in English. She met her husband Max there and they married in 1948. Before the marriage ended they had three sons, Douglas, Peter and Robert. Gloria pursued several careers while raising three small children by herself including administrative work at First National Bank, managing an urban renewal project, managing stock broker training for LF Rothschild's, and providing financial advice to municipalities for the State of NJ . She was a resident of Colonia , NJ until a few months ago. She always valued books and libraries. As a young mother Gloria became active in the Woodbridge library system. She earned a Masters in Library Science and started her own library services company, The Library Co-op, which she owned until 2008. She became active in several library related organizations including the Special Library Association from which she received a special Lifetime Achievement Award in 2009. Gloria got the most out of life and used her abundant energy for playing tennis, traveling and supporting those things she loved; her family and friends, children, dogs, the Yankees, and the NY Giants. Family and friends will remember her unique style, sharp wit, and cultural savvy.
She is predeceased by her eldest son, Douglas, and is survived by her son, Robert, daughter-in-law Linda and their three children Kathryn, Gregory, and David of New Providence, NJ; her son Peter, daughter-in-law, Mary and their son Bryan of Lafayette, CA.

Gloria, always a forward-thinking woman, donated her body to the Robert Wood Johnson Medical School . Donations in her name may be sent on-line or by mail to St. Jude Children's Research Hospital 501 St. Jude Place Memphis, TN 38105. There will be a celebration of her life on Saturday July 24th 11:00am at The New Providence Presbyterian Church 1307 Springfield Avenue, New Providence, NJ 07974 (908) 665-0050. Reception to follow.

Published in Home News Tribune on July 21, 2010


Dinerman, Gloria. "If you Don't Know, Ask:The Art and Craft of Survey Development and Analysis", in Information Outlook, Volume 6. No. 7. July 2002.

Dinerman, Gloria. "Managing an Information Business", in Encyclopedia of Library and Information Science LIb-Pub, 2d Edition, Miriam A. Drake, ed., CRC Press, 2003,

Posted On: July 21, 2010

The U.S. Intelligence Community and Top Secret America

More than a dozen Washington Post journalists spent two years developing Top Secret America, a multimedia presentation put together by compiling hundreds of thousands of public records of government organizations and private sector companies. From these records, the Washington Post identified a web of these organizations, both government and private, that are engaged in top secret work for the government. According to Dana Priest and Matthew M. Arkin, two Washington Post reporters who have written about the Project, these findings amount to "...a Top Secret America hidden from public view and lacking in thorough oversight."

Here are some additional links for those interested in the Washington Post Project:

Introductory Video:

Articles by Dana Priest and William Arkn discussing the Top Secret America Project:

While the Washington Post was involved in the above project, Andrew M Borene was editing a book The U.S. Intelligence Community Law Sourcebook: A Compendium of National Security Related Laws and Policy Documents, recently published by the American Bar Association. I have not yet read this book but according to material provided by the ABA, "the Washington Post's new multimedia project on national intelligence shows just how intricate the web of agencies and laws in the United States can be, and The U.S Intelligence Community Law Sourcebook can be a great reference for making sense of it."

This book is described as a "complete guide to U.S intelligence community source material, including relevant federal statutes, intelligence authorization acts, executive orders, attorney general and the director of national intelligence guidelines, and proposed significant legislation in the U.S. intelligence community".

From information available, it certainly appears that the combination of the materials available from the Washington Post Top Secret America Project and the Compendium volume published by the ABA together comprise together provide a much needed, even essential, resource for those exploring issues related to "Top Secret America".

David Badertscher

Posted On: July 19, 2010

Chambers of the Sea: Who Needs Law Libraries? It's All Free on the Internet

Many thanks to Jonathan Stock, recently retired as Supervising Law Librarian at the Connecticut Judicial Branch Law Library at Stamford, for writing this fine, thought provoking article. It has been published in the July 2010 issue of AALL Spectrum and we have linked to the Spectrum article with Jonathan's permission.

Jonathan's article is truly an allegory which can be considered from many perspectives, not the least of which are Jonathan's impressions of recent efforts to help save many of the court law libraries in Connecticut from possible oblivion.

Before linking to the actual article, I would like to share a bit of our e-mail exchange after his article first appeared in AALL Spectrum

DAVID BADERTSCHER: Thank you for sending the article. I had not yet seen it in final form. Like much great fiction, your article is not really fiction in the most fundamental sense. This is fine allegorical writing. Keep this up and we will all be calling you the John Bunyon of the library world!

FROM JONATHAN'S RESPONSE: ... It did end up being a bit like John Bunyan, with modern updates and annotations from Kurt Vonnegut and Joe Heller. T.S. Eliot luanches, but Yeats gets a walk-on too. So does Neville Chamberlain: a people far away of whom we know nothing. It all started one weary night a few months ago as the stupidity of it all soaked in. The first thing that came to mind was from Catch-22. It was the place where the bad guys (maybe Captain Black) consign Yossarian to a shrink. They may put him up on pentathol before starting their question. The first one is:
"Where were you born, Yossarian?'
"In a State of Innocence."

Now, please go to Chambers of the Sea: Who Needs Law Libraries? It's All Free on the IInternet and enjoy Jonathan Stock's article for yourselves.

David Badertscher

Posted On: July 16, 2010

An Enforceable Code of Ethics: Why Archivists Should Be Demanding One

BY: Paul Morris

Paul Morris an attorney who is now pursuing a masters degree in library and information science at Queens College City University of New York has just written a stimulating paper in which he presents "...a wakeup call to have archivists start clamoring for an enforceable code of ethics as indispendable for the advancement, perhaps even viability of archives as a profession". Even though Mr. Morris understandably emphasizes archivists in his paper many of the observations included will also be of interest to librarians, especially those working with special collections. We are pleased to publish this paper with the permission of its author Paul Morris. Paul has indicated that he would be interested in receiving comments regarding his paper addressed directly to him at the above e-mail address

Immediately below are the introductory and concluding paragraphs of the paper followed by a link for viewing and downloading the complete document.


In this paper, I am stating the case for archivists to clamor for an enforceable code of ethics. I first try to set forth the scope of what archives are and what archivists do, including the task they are claiming as the guardian of social memory. I then briefly examine what ethics are and the functions served by codes of ethics. I next explore the development of archival codes of ethics. I then state the case for archivists as a profession to clamor for an enforceable code of ethics. The thrust of my argument is that given archivists' desire to be the guardian, and perforce the shaper, of society's memory, an enforceable code of ethics is a required both for archivists recognition and relations among themselves of their identity as a profession and for the general public's entrusting archivists with the responsibilities they are claiming..


This paper is intended as a wakeup call, to have archivists start clamoring for an enforceable code of ethics as indispensable for the advancement, perhaps even the continued viability of archives as a profession. I recognize that effecting the changes needed, and implanting the conditions required for an enforceable code, will undoubtedly be a long and difficult process. But this will surely be easier and more to the liking of practitioners if archivists provide the impetus for change rather than waiting until rules and regulations are imposed on the field. I believe this is a chance for archivists to be proactive and take the first step to determining the future direction of the profession.

To view and download the complete paper click on the link below:

An Enforceable Code of Ethics: Why Archivists Should Be Demanding One

Posted On: July 1, 2010

Quinlan Commentary: U.S. v Philips - Fourth Circuit 2009

June 29, 2010


Defendant involved in fraud scheme claims that investigators were overzealous in their search

Mark Phillips was convicted of securities fraud, mail fraud, wire fraud, and access device fraud. In early 2003, the United States Postal Inspection Service began a fraud investigation of Phillips. The investigation revealed that over a period of approximately three years, Phillips had fraudulently applied for several credit cards, using his father's identity and declaring a false income. Phillips then used those fraudulent credit cards to make expensive purchases. Among other items, Phillips bought several pieces of stereo, exercise, and computer equipment, collectible coins, a pool table, a telescope, and a samurai sword. Ultimately, Phillips accumulated hundreds of thousands of dollars of credit card bills and either did not attempt to pay those bills or attempted to pay with bad checks.

Investigators at the U.S. Postal Inspection Service also uncovered other frauds perpetrated by Phillips. For example, Phillips possessed two driver's licenses, each with his own photograph, address, and date of birth, but each with a different name: Mark Le Roy Aaron and Mark Edwards Phillips. Additionally, investigators learned that Phillips had opened an account for frequent gamblers at an Atlantic City casino using his father's social security number and had made over $28,000 in cash withdrawals on that account. A criminal search history revealed that Phillips had previously been arrested on state charges of theft by deception and issuing bad checks.

During the course of the investigation, postal inspection agents also became aware that Phillips presented himself as the CEO and founder of a business called Phydea, which provided online financial stock reports. Some of Phillips's fraudulent purchases helped to fund Phydea. For example, he used a fraudulent credit card to pay Interland Web Hosting for the hosting and maintenance of his business' Web site,, and he used a fraudulent card to purchase advertisements for Phydea, which appeared in Investor's Business Daily. Also, Phillips frequently used Phydea's corporate name in connection with his credit card fraud. For instance, Phillips bought entertainment equipment with a fraudulent VISA card using the internet address He also made a purchase on eBay using the e-mail address Phillips fraudulently applied for an American Express card using the e-mail address, and when applying for the same American Express card, Phillips misstated his income as $1 million and misstated Phydea's annual revenue as $10 million. Unbeknownst to the postal inspectors at the time, however, Phillips was using Phydea in connection with more than just credit card fraud. He was also using it and a related investment vehicle, Phydea Equity Fund, as part of an elaborate securities fraud scheme.

In July 2003, the U.S. Postal Inspection Service sought a search warrant for Phillips' Maryland residence. The magistrate judge approved the search warrant, finding probable cause for violations of various fraud statutes. The search warrant and incorporated affidavit authorized the seizure of a wide range of items and documents. Specifically, Part I of Attachment A described items and services purchased using fraudulent credit cards. It contained a number of specific examples, including payments to web hosting services. It also contained broader provisions for seizing records that might be evidence of financial crimes or fraud. The affidavit also set forth additional details relating to Phillips' case and the evidence of his fraud.

Prior to executing the search warrant, Inspector Judy Starliper, the head of the investigation, thoroughly briefed all agents on the facts of Phillips's case. Her operations plan summarized the investigation and informed the agents that Phillips operates a web page called and uses the same e-mail address to make his purchases. Each agent was provided a copy of Attachment A listing the items to be seized. During this briefing, another agent, Inspector David Reardon, informed the team that he had received a complaint from an aggrieved investor in Phydea Equity Fund, an entity related to Phydea, and therefore requested that the agents alert him if they saw anything relating to Phydea or Phydea Equity Fund during the search.

Immediately following the briefing, the U.S. Postal Inspection Service team executed the search warrant. During the search, Inspector Reardon himself identified several documents relating to Phydea and Phydea Equity Fund. He noted that these documents contained personal identifying information which he believed that Inspector Starliper was looking for and potentially related to many of the fraudulent credit card purchases made using Phydea's name. To err on the side of caution, Inspector Reardon brought the documents to the attention of his superiors, and Inspector Starliper telephoned the United States Attorney's office to seek guidance on whether the Phydea and Phydea Equity Fund documents were seizable. After reading the warrant and accompanying affidavit, the Assistant United States Attorney concluded that the warrant authorized their seizure.

In executing the warrant, the agents seized a number of documents and records that not only helped confirm the investigators' suspicions of credit card fraud but also revealed to the investigators for the first time the full extent of Phillips' securities law violations involving Phydea and Phydea Equity Fund. Among these seized documents and records were documents and records relating to Phydea, including invoices for the Phydea advertisements appearing in Investor's Business Daily, documents and records relating to Phydea Equity Fund, including the files of individual investors, and some of Phillips' own financial records, including his bank statements.

The government charged Phillips with 35 counts of securities fraud, mail fraud, wire fraud, and access device fraud. A federal grand jury indicted Phillips on all counts. Prior to trial, Phillips filed a motion to suppress the evidence seized pursuant to the search warrant. He argued that the contested seizures fell outside the scope of the warrant, because the warrant did not explicitly mention those items. That motion was denied. Phillips was eventually convicted on all the charges. He then appealed, claiming that the court erred by denying his motion to suppress.

The appellate court denied Phillips' appeal and upheld his conviction. Phillips primarily argued that the inspectors were overzealous when they served the warrant, and seized items that did not fall within the scope of the warrant. The government argued that they were purposefully very diligent and cautious in their search so as not to seize any item that did not fall within the purview of the warrant. They pointed to the language of the warrant, and argued that each and every item seized fell squarely within the stated requirements. The appellate court agreed with the government, and found that due to the extensive intermingling of Phillips' personal and business accounts, the investigators only seized items that fell within the requirements imposed by the warrant. Therefore, they upheld his conviction

The case discussed in Quinlan Law Enforcement ENews Alert (June 29, 2010) is U.S. v. Phillips, 2009 WL 4061558 (4th Cir. 2009).

Posted On: July 1, 2010

CLLB Information Security Newsletter

Volume 3 Number 6 June 2010

From the Desk of David Badertscher

Home Personal Computer (PC) Maintenance for Windows Operating Systems

Why do I need to maintain my home PC?

As with most types of equipment, you must perform periodic maintenance on your home PC to keep it in good operating condition. Performing maintenance will help your PC run faster, use resources more efficiently, and could save you from headaches caused by system failures and degradation. Most importantly, proper PC maintenance is crucial in order to protect your machine from security threats such as worms, viruses and other malicious activity.

How do I keep my home PC maintained?

Note: The following steps are provided to help ensure that your home PC operates effectively and securely. Most of the tips can be performed with moderate knowledge of PCs and can generally be completed in a short time. More detailed, in-depth assistance may be required in some instances, in which case you may wish to consult a qualified computer repair professional.

§ Establish and maintain a plan. Make a plan to perform periodic maintenance and put it on your calendar as a reminder. Back up critical files system files and programs before beginning.

§ Set a System Restore Point. Before you begin your periodic maintenance or make any significant changes, set up a system restore point, which will enable recovery from any error that may occur during maintenance. To set a System Restore Point, click Start, All Programs, Accessories, System Tools, System Restore, Create a Restore Point. (For “Classic” Start Menu: click Start, Programs, Accessories, System Tools, System Restore, Create a Restore Point.)

§ Remove unnecessary files or programs. Empty your Recycle Bin and delete Windows temporary files. Remove installed programs that you no longer use. The Disk Cleanup program does all of these tasks including the deletion of unneeded Windows components. To access the Windows Disk Cleanup program, click: Start, All Programs, Accessories, System Tools, Disk Cleanup. (For “Classic” Start Menu, click: Start, Programs, Accessories, System Tools, Disk Cleanup.) In Internet Explorer, clear your history, temporary Internet files, and cookies by clicking on Tools, Internet Options and select the tab labeled “General.” Click on the Delete button under the section labeled “Browsing history.”
Finally, archive or delete old files such as documents, images and graphics that are no longer needed.

§ Optimize system performance. Configuring your PC software to operate as efficiently as possible will help your PC run faster and smoother. Organize your data files in a central folder with appropriate subfolders (do not save files in the root directory or on the desktop). This makes backup easier and can reduce fragmentation on your hard drive.

§ Run a defragment tool on your disk drive. To do so, click Start, All Programs, Accessories, System Tools, Disk Defragmenter. (For “Classic” Start Menu, click Start, Programs, Accessories, System Tools, Disk Defragmenter.)

§ Apply updates and patches. Make sure your operating system and software applications have the latest updates installed—and that the auto-update feature is enabled. Ensure that your anti-virus/anti-spyware/anti-adware software are running and receiving automatic updates. Check vendor and manufacturer websites for device drivers updates, and apply patches as needed. Renew all maintenance contracts/subscriptions.

§ Perform regular backups. All critical files, as well as any information not easily replaced should be backed up. Check backup functions to ensure they are operating properly. Back up your files to a remote location (external hard drive or PC).

§ Check your firewall. Review firewall settings for product configurations. Confirm that settings are appropriate for the current level of security needed.

§ Routinely change your passwords. Routinely change all of your passwords for local applications, as well as those used for websites. Use strong passwords with at least eight characters and incorporate a mix of numbers, special characters, and upper and lower case letters.

§ Perform hardware inspections. Perform a visual check of your PC hardware to prevent potential problems before they occur. This includes examining your surge suppressor, UPS, power strip, and cables for any damage. Replace batteries as needed.

Additional Tipa

· Multi-State Information Sharing and Analysis Center Cyber Security Tips Newsletter -

· Small Business Computing -

· Tips4PC -· Sensible-Computer-Help -

· Microsoft -
For more monthly cyber security newsletter tips visit:

The above information is from tips provided by the Multi-State Information and Analysis Center (MS-ISAC). To learn more about MS-ISAC go to


What is Information Security?

Information security is the process of protecting information. It protects its availability, privacy and integrity. Access to stored information on computer databases has increased greatly. More companies store business and individual information on computer than ever before. Much of the information stored is highly confidential and not for public viewing.

The 2010 Information Security Summit features 2 days of talks, presentations, hands-on workshops, and a vendor trade-show fair. Information Security Technology, Business/Management, Law Enforcement and Legal issues are featured.

The conference will take place October 14-15, 2010 at Corporate College East in Warrensville Heights, Ohio. Corporate College East is located at 4400 Richmond Road between Harvard and Emery Roads In Warrensville Heights. The facility is easily accessible from Interstate 271

Coalition Formed to Tackle Bank Account Scams
BY Marcia Savage, Site Editor
Search Financial Security. com

"A coalition of banks, financial trade associations, federal regulators, and law enforcement agencies is studying a variety of best practices and technologies to thwart the criminal hijacking of accounts and other bank account scams.",289142,sid185_gci1515845,00.html

Demystifying Governance, Risk, Compliance
BY David Schneier
Information Security Magazine June 2010
Registration required for access to full article.

GRC aims to bring together disparate compliance efforts in the enterprise, but the concept has been stymied by a lack of clarity. Developing a GRC program requires three key steps.,296894,sid14_gci1514262,00.html