Criminal Law Library Blog

Mary Alice Baish, Director of Government Relations and Emily Feldman, Advocacy Communications Assistant (both of the American Association of Law Libraries, AALL), have been doing a tremendous job serving as advocates for high quality and highly accessible legal information on the web in a format that can be authenticated.

The following is an e-mail from Emily which mentions the work of the White House open government working group and includes a request for suggestions regarding specific types of information and datasets you would like to see agencies publish. Although Emily's e-mail is directed primarily to law librarians I am posting it here because of the value of this initiative to the entire legal community.

FROM: Emily Feldman
March 10, 2010

The White House’s open government working group has held several meetings with stakeholders, including AALL, to develop criteria to measure agency open government plans, which must be published by April 7. At a meeting last Friday, I was pleased to learn that the working group adopted Mary Alice’s suggestion that Executive Branch agencies be evaluated based in part on whether they commit in their plans to publish new information (e.g., reports and publications) on their Web sites, in addition to new high-value datasets in XML on Data.gov.

We’re looking for specific types of information and datasets that you’d like to see agencies publish. The working group is also very interested in any cross-agency datasets you’d like to see added to Data.gov (e.g., crime data from DOJ/DHS, health data from EPA/HHS).

Some of the suggestions we’ve received so far include:

· All historic content that agencies have digitized (presuming that agencies followed the Paperwork Reduction Act and didn’t make exclusive deals)

· All the legislative histories that have been digitized by the Department of Justice Library

· Dataset on "charges of discrimination" filed from the EEOC

Are there other information holdings or datasets that you’d like to see added? Please email me the title and name of the publishing agency by COB next Wednesday, March 17.

Thanks,

Emily

Emily Feldman
Advocacy Communications Assistant
American Association of Law Libraries
25 Massachusetts Avenue, NW, Suite 500
Washington, D.C. 20001

202-942-4233

Fax: 202-737-0480
efeldman@aall.org

http://www.aallnet.org/aallwash

103nd Annual Meeting & Conference / Denver, CO. / July 10-13, 2010

The 2010 CyberSecurity Watch Survey, sponsored by Deloitte and conducted in collaboration with CSO Magazine, the U.S. Secret Service, and the CERT Coordination Center at Carnegie Mellon, indicates that threats posed by cyber crime have increased faster than potential victims -- or cyber security professionals -- can cope with, placing targeted organizations at significant risk.

While we cannot provide you a copy of the actual Survey, the Deloitte whitepaper, Cyber Crime: A Clear and Present Danger reports on several of the survey findings and includes Deloitte's interpretation of key results. Quoting from the Introduction to the white papter: "By its very nature, interpretation goes beyond simple reporting of results...and may prompt disagreement and even controversy"

With that, we invite you to download the white paper from the link below, read it, and draw your own conclusions

Cyber Crime: A Clear and Present Danger

David Badertscher

Two days ago I posted information on this blog related to the New York Court of Appeals decision (Maron v. Silver, 16 ' Larabee v. Governor, 7 ; Chief Judge v. Governor, 18) addressing judicial compensation in that state within the framework of separation of powers. Today I have learned that the State of Connecticut is also confronted with separation of powers issues related to its judiciary. These issues relate at least in part to the unilateral reduction of Other Judicial Expense line items (where the law libraries are placed) by the Office of Policy and Management (Executive Branch) after the initial budget allocations have presumably been agreed upon.

Of special concern to many readers of this blog is the severe negative impact these judicial line item reductions are having on judicial law libraries in the State of Connecicut, as indicated in testimony of the Connecticut Chief Court Administrator to the Appropriations Committee included in this post and by the many expressions of concern among Connecticut citizens as reported elsewhere.

The Chief Court Administrator of Connecticut, Judge Barbara M. Quinn has argued before the Appropriations Committee on February 9 that the unilateral reduction of Other Judicial Expense line items by the Executive Branch infringes on the Separation of Powers and can be remedied by OPM simply transmitting the Judicial request unchanged to the legislature. Two sections of Judge Quinn's testimony are especially important and are highlighted below in this posting. The section on Law Libraries which highlights the importance of law libraries in Connecticut to both the Judiciary and the public has relevance both in Connecticut and throughout the nation. A second part of Judge Quinn's testimony highlighted below is her statement on "Concurrence in Allotment Reductions and Rescissions," which frames the issue nicely.

Sections of Testimony Highlighted:

Law Libraries
"The Governor's proposed budget provides no funding for law libraries. If this provision is enacted, it will be the second year in a row of zero funding. This is a critical gap; law libraries cannot function without updated research materials.

Let me explain something about law libraries that makes them different from your local library where perhaps you could curtail purchasing new books for a while and then start up again. Because the law is constantly evolving, the most up-to-date information must be made available to anyone who has cases pending before the court. Up-to-date legal research tools, in both electronic and printed form, are essential in order for judges to render rulings that are consistent with law and legal precedent because case law is only as good as the last case decided. And that case law is updated daily. This is what makes law libraries distinct from other libraries - just not buying the latest books is not an option"

Concurrence in allotment reductions and rescissions
Undoubtedly, the most critical budget reform that we seek is one that would curb the unilateral and increasingly untenable budget reductions that are imposed upon the Branch after the Legislature has adopted the budget. Virtually all of our budgetary problems over the past 2 years, and in particular this year, are the result of allotment reductions and rescissions about which neither the Branch nor the Legislature were consulted. I would respectfully propose to you that in the future, any post-budget adoption reductions that are made to the Judicial Branch should require the concurrence of the Legislature. The Branch will be submitting legislation for your consideration that would implement these vital budget reforms.

A bill, "An Act Concerning Funding For the Judicial Branch" (No. 5148) which seeks to correct the matter has recently been introduced in the Connecticut legislature.

Below are links to the full text of both the Testimony and pending legislation referred to in this posting.

Testimony of Chief Court Administrator to Appropriations Commett

An Act Concerning Funding For the Judicial Branch

David Badertscher*

A giant of New York politics and law enforcement recently retired from public office– Robert Morgenthau. Scion to a powerful family, Robert Morgenthau’s grandfather served as United States Ambassador to the Ottoman Empire, and his father was Secretary of the Treasury under Franklin Delano Roosevelt. While his famous name and lineage may have helped to open doors, Robert Morgenthau was determined to find a profession where he could navigate his own path in life.

After honorable combat service in the navy during World War 2, where his ship was torpedoed, Robert Morgenthau proceeded to law school and rose to partner in a major law firm. However, Robert Morgenthau largely dedicated his professional career, and indeed his life, to public service. He served as United States Attorney for the Southern District of New York for an eight year period from 1961 -1969. But he will surely best be remembered for his longstanding and legendary tenure as New York County District Attorney that spanned a thirty-five year period from 1974 - 2009. In this latter capacity, he resuscitated the office which was ravaged by budget problems and made it, what many law enforcement officials consider, the finest district attorney’s office in the nation and possibly the best overall law enforcement office in the nation.

Robert Morgenthau certainly accomplished much in his professional life. Many noteworthy prosecutions and convictions were won by his office, and staff members consisted of many notable figures ranging from John F. Kennedy, Jr to Linda Fairstein to Eliot Spitzer to Andrew Cuomo. Indeed, many rose to higher positions in government and the private sector. Most people would consider it amazing to continue effectively working until the age of ninety as Robert Morgenthau did. Nonetheless it is even more amazing that Robert Morgenthau does not plan to retire but intends to open an office to remain active in retirement. This is truly a model we should all hope to be able to emulate.

Those interested in learning more about his life and accomplishments can find much information on the web and elsewhere. One of possible statring point for an overview is: Real Life "Law and Order" DA Robert Morgenthau Retirees at 90.

On a personal note, I did not know Robert Morgenthau well. However, many years ago, Justice Murphy, then Presiding Justice of the New York Appellate Division, First Department, introduced us at a social function, and we chatted briefly. Working in the same building where the New York Supreme Court (Criminal Term), New York County Criminal Court, and New York County District Attorney Office share space at 100 Centre Street, I would occasionally see Robert Morgenthau on an elevator. He always made time to say hello, trade small talk, and ask how business was even though he was involved in steering a large office with many high level prosecutions and complex organizational issues. This repeated kindness over the years to an acquaintance met in passing demonstrates another dimension of Robert Morgenthau that is not well known by the public. However, I saw it many times over the years we worked in the same building. No longer will we sometimes share the same elevator. The torch has been passed to a new district attorney: Cyrus Vance. Yet, I certainly wish Mr. Morgenthau all the best in his future endeavors and, indeed, his working retirement.
______________________________
* Principal Law Librarian, New York Supreme Court Criminal Term Library, New York County. He would also like to thank Theodore Pollack, Senior Law Librarian, New York County Public Access Law Library for his assistance.

Since first hearing about the planned closure of of six of the fifteen courthouse libraries in Connecticut I have contacted I have heard from a number of people (both librarians and non-librarians) from throughout that state. By all accounts the announced closures will prevent attorneys, judges and members of the public from accessing the up-to-date legal materials they need. They will especially hurt disadvantaged citizens and pro se litigants, who are especially vulnerable and may be unable to access official legal resources and will be required to struggle to travel to far-away courthouses. While the dire budgetary circumstances are the state currently faces are understandable, it is essential that Connecticut’s public law libraries and courthouses remain open. They are irreplaceable.

To help spread the word, the American Association of Law Libraries (AALL) has been working closely with the Southern New England Librarians Association (SNELLA) to oppose the announced closures . Kate Hagan the AALL Executive Director has distibuted an e-mail (see below) which details that effort. It includes some useful links for those who want to become active in saving Connecticut court libraries.

People are also urged to search the directory of state legislators and government employees at the of Connecticut Website for other contacts that could be helpful in this effort. This web site includes a directory of state employees, a directory of state legislators, and a directory of federal legislators serving Connecticut, all with links for e-mail contact information.

Additionally I have included a link at the end of this post to enable you to download the November 18, 2009 written testimony of Judge Barbara Quinn, Chief Court Administrator at an Appropriations Committee public hearing on Deficiencies. In this statement she includes a section on "Closing law libraries".

Please help spread the word about the importance of saving Connecticut courthouse libraries.

David Badertscher

AALL has been working closely with the Southern New England Law Librarians Association (SNELLA), to oppose the announced closure of six of the 15 courthouse libraries in Connecticut. They are jointly sponsoring online petitions to save the courthouse libraries in Bridgeport, Hartford, Litchfield, Milford, and Norwich. The sixth library, at the Willimantic Courthouse, is not staffed and its small collection will likely be moved to the local public university. Each petition includes a compelling statement by a leader of the local bar association, whose members stand ready to join forces with us. Attorneys and pro se litigants will be deprived of local access to current and historic legal materials, as well as the knowledge and expertise of professional librarians, if we do not stop these proposed closures.

The petitions are open to all residents of Connecticut, so please help spread the word so that our efforts are successful in quickly getting as many signatures as possible to keep these public law libraries open and staffed.

In addition to the petitions, on December 23, AALL and SNELLA sent joint letters to Connecticut's Governor Rell and to the leadership of the Appropriations Committee strongly opposing the decision, which was announced by Judge Barbara M. Quinn, chief court administrator. The closures became necessary, according to Quinn, after the executive branch cut $12.9 million from the budget for the judicial branch.

Kate Hagan
Executive Director
American Association of Law Libraries
Suite 3300

105 W. Adams Street
Chicago, IL 60603

Written Testimony of Judge Barbara M. Quinn, Chief Administrative Judge of Connecticut to the Appropriations Committee Public Hearing on Deficiencies, November 18, 2009

During every session of the New York Legislature the current governor and his staff prepare bills addressing his or her objectives to be introduced directly in the legislature by the Governor. While it is assumed that legislatures in other states have similar mechanisms, this posting is only concernd with Governor's programs in the State of New York.

When first introduced, these program bills are only sponsored by the Governor but once they have been introduced, members of the legislature can and often do add their names as sponsors. It is my understanding that once such a bill is introduced the process by which it works its way through the legislature is similar to other legislation except that if such a bill is amended while under consideration, it is then sent back to the Governor's office for review, further modification etc.

In conversations I have had with people in the Governor's office it was emphasized that Governor's Programs should not be considered identical with other legislation introduced directly by individuall or groups of legislators and that Budget programs are separate from the Governor's Program being discussed here. During those conversations the following book was recemmended as an excellent source for further information on this topic:

Author: Robert B Ward
Title: New York State Government.
Publisher: Albany, N,Y. : Rockefeller Institute Press, ©2006.
Edition/Format: Book : English : 2nd ed., [25th anniversary ed.]

To see the list of Governor Paterson's Programs for 2009, you can go to the Governor's website at:

http://www.state.ny.us/governor/bills/program_bills.html

David Badertscher

David Badertscher

Although not primarily a reviewer of legal materials, Kirkus Reviews is one of the most outstanding and respected review magazines devoted to book media. It was founded in 1933 by Virginia Kirkus (1893-1981) a former head of the children's book department of Harper & Bros. with the idea of holding book reviewing to a very high standard, being selective in both the books reviewed and the people assgned to review them. The first year they received about 20 advance galley proofs.

By all accounts Kirus has managed to maintain these high standards throughout the years, becomeing one of the true standard bearers for the authoritative reviewing of all types of titles including those related to law. According to their website, Kirkus currently reviews about 5,000 titles per year "with the idea of of providing Kirkus regulars (librarians, newspaper editors, agents, film producers, booksellers, and those throughout the book world in general) with professional, informative, and impartial descriptive evaluations of forthcoming titles, and to do so on a timely basis."

This is a tall order whch even under the best conditions would be difficult to duplicate under present conditions. It was therefore distressing to hear last month that Kirkus Reviews would be shut down and cease publication..

Hopefully miracles do happen because I was informed today that a business deal is currently being worked out with a new buyer and that Kirkus will not suspend publication as announced earlier. This is great news for all who love and respect books. The world will remin a much better place if Kirkus and other organizations like it can be resurrected and continue setting high standards for all of us.

BY: David Badertscher*

I have been following with great interest recent discussion on listservs and in the literature regarding a perception that libraries are becoming less relevant in a technologically-oriented society that relies increasingly on “instant gratification”(achieved largely through online searching and related techniques).

Technology is wonderful, and I think should it should be embraced, but not at the expense of alternative tools and methods that produce better results and may be more cost effective. If they are to accomplish their mission and remain relevant over time to their parent organizations, libraries must always be prepared to use a variety or mixture of techniques and materials, both technical and non-technical, to achieve results that are accurate, timely, efficient, cost effective, and deemed by patrons and managers to be trustworthy. The alternative is to increase the risk of libraries being perceived as no longer capable of meeting growing expectations and thereby becoming possible candidates for eventual closure.

How can libraries hope to escape this dilemma and continue to thrive in the highly competitive and dynamic environment where we live and work?

The discussions mentioned earlier include many excellent observations and recommendations which I think should be adopted. I agree that law libraries (and perhaps all libraries) need ready access to the services of a public relations department with the capability of responding quickly and professionally to articles denigrating libraries**. Discussions regarding these matters should be extended outside the library to include a broader population served by libraries, and more should be done by way of educating people “who work with librarians as to the value added elements a well-trained library staff adds to”*** the utility of both the library and its parent organization.

These and other excellent recommendations and suggestions being discussed are both necessary and useful, but are not by themselves sufficient to address the overall dilemma mentioned above. They need to be presented within a broader context which includes both core competencies of librarians such as the ones currently being revised by the American Association of Law Libraries for law librarians and a separate list of characteristics essential for libraries and library systems to maintain their relevance and effectiveness over the long term. If properly constructed, such a list should go far in helping libraries and library systems to be perceived as being essential components of our society due to their leadership role in both identifying and responding to information needs in a thoroughly professional manner. While much work continues to be done regarding the competencies of librarians, it appears that insufficient attention is being devoted to the complementary but distinct effort in identifying those overall characteristics or attributes of libraries, library personnel, and library systems essential for their assuming and maintaining a leading role in our increasingly dynamic and competitive world. Although other work has probably already been done in this area, I am not aware of it.

The following is my effort to compile such a list based on my own observations and conversations with colleagues. Hopefully it will stimulate both thought and further action. With that in mind the list of characteristics can be used as a point of departure for further development. A second equally important objective is to convey to the reader reviewing the list a sense of the vital, irreplaceable role libraries and librarians can play in meeting the information requirements of an increasingly dynamic and competitive environment. Thirdly, I would hope to convey my basic optimism regarding the future of libraries and library systems, provided that measures such as those discussed above are implemented and maintained consistently over time.

Some of the characteristics listed below apply primarily to librarians as a group. Others also include additional components of libraries such as the physical space, records, etc. Characteristics listed are assumed to incorporate a willingness to take actions and assume appropriate risks associated with those actions in the areas concerned. While all of the characteristics are considered important (even essential) to the relevance of libraries and library systems over the long term, some will be perceived as being more significant than others in particular situations and circumstances. Therefore, since the focus of this article is long term, no attempt is made in the following list to rank characteristics in terms of relative importance or significance. In my view they all play vital roles in the long term relevance and ultimate success of libraries. In addition to the characteristics (upper case and bold type) the following list includes some definitions and other illustrative material. Since the illustrative material is not intended to be all inclusive I have added the notation “Other, as appropriate” at the end of each grouping to underscore that fact.

The List:

ACCESSIBILITY
Ability, right, or permission to approach, enter, speak with, or use; obtainable; approachability.
Accessibility of library directors, managers, department heads, and others as appropriate to decision makers and to meetings and other forums where policies and procedures related to libraries and library systems are being discussed and deliberated.
Accessibility of library collections in all formats, including digital, to library users.
Other, as appropriate

ANALYTICAL:
Skill, aptitude, and motivation in the identification and detailed examination of components of systems, procedures, documents, organizations, or other entities and to infer meaning and communicate conclusions based on such examination..
Reports.
Studies
Evaluations (including evaluations of library collections)
Compilations (including bibliographies, development and continuing maintenance of library catalogues, indices)
Financial evaluation and analysis (includes financial planning - budgets)
Analysis related to strategic planning
Systems Analysis related to library applications and services
Other, as appropriate.

CREATIVITY::
The ability to transcend traditional ideas, techniques, rules, approaches
Originality
Develop new, improved approaches to resolving challenges
Exploration of new and emerging developments as to their possible application to library applications and services.
Other, as appropriate

CURIOSITY::
Desire, and drive, to learn and understand
Inquisitiveness
Urge and motivation to become more aware of ways to adapt libraries and librarianship to competitive, dynamic environments
Other, as appropriate

EMPATHY:
Ability to vicariously experience experiences, feelings, thoughts, attitudes of others
Sharing
Collaboration
Outreach
Caring about and relating to other people
Other, as appropriate

FLEXIBILITY:
Willing to adapt and adjust
Accepts and is reasonably comfortable with change
Willing to yield when appropriate
An important attribute in a rapidly changing library environment
Other, as appropriate.

LEADERSHIP:
Ability to make things happen
Provide direction
Take initiative and assume risk
Strategic planning
Ability to ensure that quality of organization and service are maintained at a high level
Ability to persuade and articulate at a high level
Take lead in encouraging coordination, collaboration, and sharing as considered appropriate
Take lead in introducing new technologies as appropriate
Ability to say “no” when situation warrants
Other, as appropriate

PERSEVERANCE:
Ability to stay the course and be steadfast in working toward objectives of the library, especially in difficult, challenging situations
Other, as appropriate

STABILITY:
Includes all areas related to maintaining the integrirty of library records, including bibliographic records as well as financial and business records associated with the library
Cataloging, indexing, issues related to authentication of digital records and materials over time Preservation of materials and records over time
Maintain consistent and steady relationships with parent and other organizations as needed Maintain stable physical environment in library or library system
Other, as appropriate

RESOURCEFULNESS:
Ability to deal skillfully with new or difficult situations
Ability to adapt quickly
Skillful in finding ways of doing more with less as situation warrants
Other, as appropriate

Comments are welcome.
_____________________________
*Although David Badertscher is the Principal Law Librarian of the New York State Supreme Court Criminal Term, First Judicial District, the opinions, conclusions, and observations expressed in the above article are entirely his own and should not in any way be attributed to that organization, the State of New York Unified Court System, or any other organization or group with which he has been associated, past or present. He also wishes to thank Theodore Pollack, Senior Law Librarian at the New York County Public Access Law Library for his assistance in editing the final version of this paper.

**E-mail from Mary Matuszak, Director of Library Services, New York County District Attorney's Office, December 18, 2009.

***E-mail from Joni L. Cassidy, President and Technical Services Librarian, Cassidy Cataloguing Services Inc., December 17, 2009/

Volume 2 Number 12 December 2009.

Automatic Software Updates and Patching

From the Desk of David Badertscher

Security vulnerabilities are flaws in the software that could allow someone to potentially compromise your system. Each year, the volume of software security vulnerabilities discovered increases, and the hacking tools available to exploit these vulnerabilities become more readily available and easier to use. Vulnerabilities in commonly used programs such as Adobe PDF Reader, QuickTime, Adobe Flash and Microsoft Office are prime targets of attacks on computers connected to the Internet. Recent statistics reported show that 48% of the cyber attacks identified in the second quarter of 2009 were targeted against vulnerabilities in Adobe Acrobat/Adobe Reader1 and in October 2009 Microsoft released patches for a record number of security holes. No entity is immune to vulnerabilities, so we must ensure we understand the risks and take appropriate mitigation steps.

Why do I need to update my software?

One of the basic tenets of computer security is to update your operating system and other software installed on your computer. Software updates fix problems in the software, add functionality, and most importantly, fix vulnerabilities that impact the security of the software and subsequently your computer. These vulnerabilities can lead to your computer—and information that resides on it—being compromised. Exploitation of vulnerabilities may occur by opening documents, viewing an email which contains malicious code or visiting a web site hosting malicious content. Seventy percent of the top 100 web sites hosted malicious content or contained a link designed to redirect users to malicious sites.2

What is a software patch (fix) and when should I install software patches?

Patches are often called "fixes." A patch is software that is used to correct a problem to an application (software program) or an operating system. Computer companies are continuously addressing security holes (i.e. vulnerabilities) in computer software which could be used to infect your computer with a virus, spyware or worse. When vulnerabilities are discovered, the software vendor typically issues a fix (i.e. patch) to correct the problem. This fix should be applied as soon as possible since the average time for someone to try to exploit this security hole can be as little as a few minutes. Most major software companies will periodically release patches, usually downloadable from the Internet, that correct very specific problems in their software programs.

My computer includes hundreds of software programs-- which ones do I need to update and how often?

One of the challenges facing the average computer user is to know which software needs to be updated and how often. Software programs that communicate or interact with the Internet are especially susceptible to attacks and should be kept at a vendor-supported version and current on all patches.

Many software programs include a feature called “auto update.” This feature allows the computer to check for updates at periodic intervals. The software will automatically check for updates and save them to your computer. Some updates will instruct you to “reboot” your computer before the software update can be applied.

At a minimum, you should enable the auto update feature on the following products:

Anti-virus and Anti-spam signatures: anti-virus and anti-spam software requires regular updates to virus and spam signatures to remain effective. New viruses and other types of malware appear every day and the anti-virus/anti-spam vendors release new signatures on a daily basis to stay on top of the new threats. Windows Office software: Word, Excel, Outlook, etc. – (see below for updating Windows software) Internet Browsers: e.g., Internet Explorer (Microsoft), Firefox (Mozilla), Safari (Apple) and Chrome (Google). Make sure you update any software you use for browsing the Internet. Adobe products: e.g., Adobe Reader, Adobe Acrobat, Flash, Shockwave Media Players: e.g., Windows Media Player (Microsoft), QuickTime (Apple), Real Player (Real Networks) and Flash Player (Adobe)

Java (Sun Microsystems): Java is software that is installed on most computers to allow users to play online games, conduct online chats, and view images in 3D, among other functions. It is also used for Intranet applications and other e-business solutions. Other software programs that communicate or interact with the Internet, like e-mail, web servers, and remote desktop software are especially susceptible to attacks and should be kept current on patches and version levels.

It is very important to promptly download and patch your operating system and programs whenever security updates or “service packs” become available. These patches are created to protect systems against potential attacks. Be aware that attacks sometimes occur before updates are released.

How do I update my Microsoft Windows programs?

Windows Update is a Microsoft service that provides updates for the Windows operating system and other Microsoft software. Installing Windows updates, such as “service packs” and other patches, is necessary to keep your Windows system secure. To activate Windows Update, go to Settings/Control Panel/Automatic Updates. When you turn on Automatic Updates, Windows routinely checks the Windows Update web site for high-priority updates that can help protect your computer from the latest viruses and other security threats. These updates can include security updates, critical updates, and “service packs.” Depending on the setting you choose, Windows automatically downloads and installs any high-priority updates that your computer needs, or notifies you as these updates become available. Be sure to set the auto updates to daily, as patches can be released at any time.

Note: Many organizations have formal processes to patch systems that will automatically update all appropriate software. In these situations, no end user action is required.

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

Source: 1. F-Secure
Source: 2. SC Magazine

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/
__________________________________________

OTHER NEWS AND VIEWS

Continue reading "CLLB: Information Security Newsletter " »

A report prepared by New York Governor David Paterson's Task Force on Transforming Juvenile Justice released in December 2009. It "shines a harsh light" on the problems in New York's prisons for juvenile offenders

According to this Report, " the problems are so acute that the state agency overseeing the prisons has asked New York's family court judges not to send youths to any of them "unless they are a significant risk to public safety," recommending instead alternatives like therapeutic foster care."

This Report comes three months after a federal investifgation found that excessive force was routinely used at the four New York prisons, "resulting in injuries as severe as broken bones and shattered teeth."

Although we are not authorized to include in this posting a draft copy we have seen of the Report, the following is an excerpt from the Executive Summary>

Continue reading "Charting A New Course: A Blueprint for Transforming Juvenile Justice in New York State" »

February 29, 2008

A number of people who have distinguihed themselves in the legal profession have also been quite successful as poets. Wallace Stevens comes to mind. That brings me to the poetry of Professor Lawrence Joseph, Reverend Joseph P. Tinnelly, C.M. Professor of Law, which was the subject of the 2008 Law and Literature Symposium, "Some Sort of Chronicler I Am: Narration and the Poetry of Lawrence Joseph," on February 29, 2008, at the University of Cincinnati College of Law. The Symposium was put together by the University of Cincinnati Law Review. Professor Joseph was joined in the Symposium by a group of distinguished legal and literary scholars who used Professor Joseph's poetry as a starting point to explore the nature of narration in poetry and its relationship to the language of law, and other forms of narration and language. The Symposium has been published in 77 Cincinnati Law Review. Number 3 Spring 2009. To help illustrate the depth and range of topics covered in the Symposium, here is al list of papers and their contributors included in the 77 Cincinnati Law Review symposium issue:

Narrating Justice ..... Joseph P. Tomain

Embedded Chronicles: Lawrence Joseph's Poetry of Urgency..... Lee Upton

Several Kinds of Chronicler, He's Been: The Books and Selves of Lawrence Joseph...Eric Murphy Selinger.

"Why Not Say What Happens": Modernism, Traumatic Memory, and Lawrence Joseph's Into It....John Lowney.

"Telling the Time": Narrative and Lyric: in the Poetry of Lawrence Joseph... Lisa M. Steinman.

Lawrence Joseph's Detroit: "The Shifting Story"......Frank D. Rashid

I to Eye: Self and Society in the Poetry of Lawrence Joseph....Thomas Depietro.

Lawrence Joseph and Law nd Literature.....David A. Skeel, Jr.

Notations of Poetry and Narration...Lawrence Joseph.

According to a posting on a St. Johns Law School website, Professor Joseph graduated from the University of Michigan Law School in 1975, after receiving Bachelor and Masters of Arts degrees in English Literature from the University of Michigan and the University of Cambridge. After law school, he served as judicial law clerk for Justice G. Mennen Williams of the Michigan Supreme Court. He was then a member of the School of Law faculty at the University of Detroit. Professor Joseph joined the St. John's School of Law faculty in 1987, after practicing law with the firm of Shearman & Sterling in New York City. In addition to his scholarship and his legal writings in the areas of labor and employment law, tort and compensation law, legal theory and interpretation, and law and literature, Professor Joseph has published five books of poetry, most recently Into It, and a book of prose, Lawyerland, as well as essays. articles, and reviews which have appeared in leading magazines, newspapers, and journals. His legal and literary writings have received widespread, international critical acclaim and attention, including a symposium, "The Lawyerland Essays," which appeared in Volume 101, No. 7, the Columbia Law Review (November 2001).

We just received word about the outcome of the vote on the proposal to change the name of Special Libraries Association (SLA) to the Association for Stategic Knowledge Professionals. The name change proposal stemmed from the findings of the Alignment Project, an intensive two year research effort aimed at understanding the value of the information and knowledge professionals in todays environment and how to communicate that value.

Although not a member of SLA, I have followed developments related to this issue on the SLA listserv and have been very impressed with both the dedication and passion exhibited by the SLA membership.

As for the outcome, I think this is good news. As a professional librarian (an information and knowledge professional) I am very concerned about libraries and librarianship being viable now and remaining so in the future. An important part of that viability, it seems to me, relates to the essential need for libraries and librarians to maintain a clear identity as the preeminent information and knowledge professionals in the world, both now and in the future. There is a danger that proposals such as the one we are discussing here will, if ratified, result in a dilution of that identity and by extension diminish the perceived value of librararies and librarians (whatever their names) in the marketplace as compared to other organizations and occupations that are somewhat comparable. I commend the SLA membership for its decision.

David Badertscher

Here is a note from SLA Headquarters concerning the outcome of the vote of the SLA membership:

Continue reading "Special Libraries Association Members Fail to Approve Proposal to Change Organization's Name" »

David Badertscher*

Some jurors have always had an urge to visit a crime scene or research a case they're considering while on jury duty, but now the Internet is making it much easier to play detective.

"As simple as it might have been to research facts on their own in the past, now jurors don't have to have a brother-in-law who's a doctor or a next-door neighbor who's a dentist. Everyone has access to the world of doctors and dentists," says Laura A. Miller, the chair of the criminal litigation section of the American Bar Association and a partner at Nixon Peabody.

Courts across the country are wrestling with the problem.

According to an article by Douglas L. Keene and Rita R Handrich in the November 2009 issue of The Jury Expert: The Art of Science and Litigation Advocacy, trials have been disrupted due to the internet from as far back as 2001. The sense of “feeling connected” through the internet has lead to various issues relating to legal issues, including using social media during trials.

The internet and social media has affected trials. Jurors use the internet and social media as research tools, even during jury duty. Jurors also communicate about cases online. Some say the reason for this type of behavior is because people are more self‐centered and do not consider the impact of their behavior on others. However, the real issues involve juror curiosity and naivete about their behavior.

In order to resolve these issues, the focus of the legal system has been to revise jury instructions so that jurors are explicitly told to not do internet research. According to data gathered in response to a New York Times article, the public sentiment falls into three categories. The first group says, “take away their phones,” the second says, that the legal system should figure out a way to how to deal with this new issue (taking away juror cell phones would be ineffective), and the third (smallest) group says that jurors should use these tools as a method to dig deeper into courtroom issues.

The Jury Expert article referenced above, Online and Wired for Justice: Why Jurors Turn to the Internet, also includes several recommendations and strategies for addressing the issues of jurors and internet. As the article points out, "...It isn't just jurors!" The disruptive internet-related activities of judges, attorneys, witnesses, parties and jurors must also be concerned as part of the overall problem. This and many other articles on the topic agree that increasing use of internet based technology by jurors and others in a court setting can be a broad based problem and that all concerned, especially jurors, need to be educated on the importance of not engaging in "Google mistrials".
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* I am grateful to Michael Chernicoff for his assistance in preparing this article.

GungaWeb is an online tool that assists analysis of New York criminal cases with respect to sentencing, lesser included offenses, plea bargaining restrictions, charging and offense elements.

Detailed sentencing reports for all Penal Law offenses plus DWI and,now for 2009, Aggravated Unlicensed Operation of a Motor Vehicle (VTL511). Dynamic detailed and summary reports of lesser included and greater inclusory offenses. Commentary on pertinent legislative
amendments included.

Current subscribers include over 100 New York judges and law clerks.

Updated on a continuous basis (Judicial Diversion analysis [CPL Article 216] now included in 2009 version) with archived annual versions from 2000 on available on-line. Annual subscriptions $198 per person.

This computer assisted legal research (CALR) application is designed to complement and supplement systems such as LEXIS and Westlaw. While those systems emphasize the search, retrieval and dissemination of information stored in their databases, GungaWeb emphasizes the analysis of New York criminal cases as noted above. Although GungaWeb has been designed primarily with New York users in mind, those outside New York who need to devote a significant amount of their time analyzing New York criminal cases as discussed in the first paragraph might also want to consider GungaWeb.

Created by a New York attorney with over 27 years experience, former member of the ommittee on Criminal Jury Instructions, and member of the Subcommittee on Simplification of the New York State Commission on Sentencing Reform.

Further details at www.gungaweb.com (click on "Features" to explore)."

Also click here to see GungaWeb News

Updated to November 25, 2009

Over the past months we have posted a variety of items related to the quest for health care reform in the United States. See our last posting at "Health Care Update as of the Beginning of October 2009. The quest continues. During the last month the House of Representatives passed HR 3962(Affordable Health Care for America Act) on November 7 and the Senate has at least agreed to begin debate on their bill HR3590 (Patient Protection and Affordable Health Care Act) on November 21.. Given the historical record of attempts at health care reform these are remarkable achievements but we still do not know if the end is in sight.

Rather than engage in extended discussion on this posting we will concentrate identifying selected documents related to the two bills mentioned above and close by mentioning a few recent news articles of interest. First the documents:

Selected Documents Related to HR 3962 - "Affordable Health Care for America Act":

Final Roll Call for HR 3962

Revenue Effects of HR 3962

Press Release: House Makes History on Health Reform

Abortion Amendment

Selected Documents Related to HR 3590 - "Patient Protection and Affordable Health Care Act"

:Detailed Summary of HR 3590

Statement of Administration Policy Regarding HR 3590

CBO Score: Top-Line Facts According to the Heritage Foundation. Senate bill. 3950

Senate Roll Call vote for HR 3590 on 11/21/2009 at 7:55PM

Other Sources:

Op-Ed Contributor
False Alarm on Abortion
By PHILLIP B. LEVINE
Published New York Times: November 25, 2009
What is being overlooked in the abortion debate is the other benefits that expanded health insurance coverage could bring to women’s reproductive health.

Budget Hawks Have a Buffet of Options With Health Bill
By DAVID LEONHARDT
Published New York Times: November 25, 2009
Senators who say theyre serious about reducing health care costs have plenty of opportunities in the current bills to fulfill their goals

Published New York Times: November 19, 2009 Key Differences in the Health Care Plans
The health care proposals from the House and the Senate are broadly similar but differ on some major issues. Click here to see a more detailed comparison of the two plans.

http://www.nytimes.com/interactive/2009/11/19/us/politics/1119-plan-differences.html

Senate Says Health Plan Will Cover Another 31 Million
By ROBERT PEAR and DAVID M. HERSZENHORN
Published New York Times: November 19, 2009
Senator Harry Reid put forward his version of the health care overhaul, promising it would reduce the deficit while covering most of the uninsured.

http://www.nytimes.com/2009/11/19/health/policy/19health.html

Selected Recent Editorials from New York Times regarding health care reform.

Where two contentious issues intersect: Immigration and health House measure omits Senate panel's legal test (David Montgomery) Washington Post Nov 16.

http://www.washingtonpost.com/wp-dyn/content/article/2009/11/15/AR2009111502625.html?wpisrc=newsletter&wpisrc=newsletter

A Milestone in the Health Care Journey, By Ronald Brownstein. An essay published on the Atlantic website,, November 21, 2009

Jurimetrics, The Journal of Law, Science and Technology (ISBN 0897-1277), published quarterly, is the journal of the American Bar Association, Section of Seience & Technology law and the Center for Study of Law, Science and Technology of the Sandra Day O'Connor College of Law, Arizona State University. It was first published in 1959 under the leadership of Layman Allen as Modern Uses of Logic in Law (MULL). A former name, Jurimetrics Journal, was adopted in 1966. The current name was adopted in 1978. Until now Jurimetrics has been published and distributed in hard copy. Soon ( beginning with the Winter 2010 issue) Jurimetrics will be electronic only.

According to the American Bar Association, here is how this works: Subscribers will receive an e-mail message letting them know when a new issue is available. That e-mail will include a link to a Web site where subscribers can lood at all of the abstracts and then download-or print out-any of the articles they want to read in PDF format.

The electronic version will be fully searchable, so subscribers can scan Jurimetrics for topics that are of interest. According to ABA this enhanced format also means that subscribers can be provided with more articles, "packed with more information--and get them to you much faster."

Members and non-members of the ABA Section of Science & Technology Law will still be able to obtain an additional print-on-demand version for a fee at the end of each publishing year.

October 2009

In January 2009, the Library of Congress (LC) contracted with R2 Consulting LLC (R2) "to investigate and describe current approaches to the creation and distribution of MARC records in US and Canadian libraries", with a primary focus from a primarily economics perspective on "in effect" mapping "the marketplace for cataloging records, including incentives for and barriers to production" of these records. One especially critical aspect of the project has been to assess the degree to which sources other than LC create records in significant quantities, and to determine the extent to which “all roads lead to DLC/DLC.” From a quick read, it appears that RDA and FRBR may it have been afforded sufficient treatment in this Study. Those interested in this topic will certainly want to re-visit the article by Joni Cassidy and members of her staff, AACR Move Over! Here Comes RDA

The following posting includes an excerpt from the Introduction to the resultant Study issued in October 2009 followed by a link for downloading the entire text of the Study.

From the Introduction:

In January 2009, the Library of Congress (LC) contracted with R2 Consulting LLC (R2) to investigate and describe current approaches to the creation and distribution of MARC records in US and Canadian libraries. The primary focus is on the economics of existing practice, in effect mapping the “marketplace” for cataloging records, including incentives for and barriers to production. The underlying question is whether sufficient cataloging capacity exists in North America, and how that capacity is distributed. This project was designed to be descriptive rather than prescriptive, seeking to understand in detail the ways in which cataloging records are produced and distributed, as well as who bears the costs and who realizes the value. We are not attempting to offer solutions or suggest changes, though some have become obvious as we’ve looked at the data. One especially critical aspect of the project has been to assess the degree to which sources other than LC create records in significant quantities, and to determine the extent to which “all roads lead to DLC/DLC.”

The goal is to achieve the best possible understanding of current circumstances and practices:

What is the overall cataloging capacity in North America?

Where does it reside?

What are the primary distribution pathways and channels for sharing records?

How much redundancy is there?

What can we predict about cataloging capacity over the next 5‐10 years?

What is the estimated need/demand? How does this compare with capacity?

What is the relative importance of authority control to libraries?

What is the current reliance by North American Libraries on LC cataloging?

Over the course of six months, R2 employed a number of information‐gathering techniques. First, we developed a social network called Bibliographic Record Production: www.bibrecordproduction.ning.com which ultimately attracted more than 800 members. This forum was used to develop and refine surveys, to assure that we were asking the right questions, and to enlist proportionate representation from all market segments. We performed a literature search as highlighted in the bibliography. We developed two extensive surveys, one for libraries and one for vendors, and worked diligently to assure the participation of school, public, academic and specialized libraries, and of Canadian as well as US libraries. We took special care with the school and small public library markets, as they are often under‐represented in such studies, and rely almost exclusively on records produced by LC, even if those records reach them through other channels. We also interviewed key people by phone, and made a site visit to the Library of Congress.

The surveys were released in April and completed in May 2009. There are a handful of areas where gaps exist, but the response was proportionate to the size of the respective markets, a factor that gives us confidence in the results. Overall, survey responses were strong, with 972 libraries and 70 vendors participating. Results are summarized in sections II and III of the report; Library and Distributor responses respectively. Note that the survey questions themselves can be found online at:

www.r2test.net/pdfs/Survey Questions ‐ Libraries.pdf www.r2test.net/pdfs/Survey Questions ‐ MARC Systems, Distributors, and Service Providers.pdf

Despite many revisions and our best efforts to achieve clarity in the survey questions, it is apparent that a common understanding does not apply across all market segments. There is, in fact, not really a shared understanding of what constitutes a MARC record, since it can serve purposes other than cataloging. In addition, the distinction between creating a record (which ideally occurs once for each title) and distributing a record (where the same record may be provided to multiple customers) proved confusing to some respondents. This has made quantitative comparisons unreliable, and we have introduced them only in cases where the data are relatively unambiguous.

Our primary observations and conclusions are described in the two subsequent sections of the report:

III. The Conflicted Market
IV. Economics of Cataloging

Continue reading "Library of Congress: Study of the North American MARC Records Marketplace" »

David Badertscher

One hundred years ago last Tuesday (November 3, 1909) the criminal court building in Manhattan (bounded by Centre, Lafayette, Franklin, and White Streets) was declared unsafe for human occupancy and everyone in the building at the time was ordered to leave immediately.

According to a New York Times article Written the following day, "when the last man was out a squad of thirty policemen under Inspector Daley and Captain Galvin took charge of the building, roping it off on all sides and remaining on guard outside the building to forbid anyone to enter or even pass through any of the flanking streets".

Courts housed in the building at the time included the Criminal Branch of the Supreme Court, the various parts of General Sessions, the Court of Special Sessions, the Coroner's Court, the Tombs Court, and the District Attorney of New York County offices.

Judge Mulqueen of General Sessions said the condemming of the building had been expected. By 1906 the building had been settling, cracks were appearing in the walls, plaster fell, and many doors and windows were out of plumb.

According to the New York Times article, Judge Mulqueen also remarked that for months before the condemnation "...the holding of court in any of the rooms of the building was a nerve testing feat". He declared that when a subway train passed through Layfayette street the vibration in the building "caused the chair in which he sat hearing cases to tremble under him."

This posting is prompted out of concern for the need to provide open, online access to public documents including CRS reports, two e-mails received during the past two weeks, and two recent requests for recent CRS report referenced in a previous post to this blog.

First the e-mails. About a week ago I received a widely distributed e-mail from Emily Feldman, Advocacy Communications Assistant for the American Association of Law Libraries (AALL) framing the issues related free online access to CRS Reports and emphasizing the urgency of taking action now to help get this accomplished. Emily can be contacted at either 202-942-4233 or efeldman@aall.org This was followed up today by an e-mail from a law librarian Susan Nevelow Mart responding to Emily's e-mail and reinforcing Emily's call for action. Here are the two e-mails

From Emily Feldman:

Last week, AALL held a free online advocacy training session, Join AALL’s Advocacy Team: How to Deliver Our Message, with Director of Government Relations Mary Alice Baish, Advocacy Communications Assistant Emily Feldman, and “Advocacy Guru” Stephanie Vance. Many of you on this listserv participated, and we thank you for making this Webinar a success! Webinar resources are now available in AALL’s Advocacy Toolkit and the recorded Webinar will soon be available on AALL2go.

Whether or not you were able to participate in the Webinar, we need your help to keep the momentum going on one of the key topics we covered: free online access to Congressional Research Service (CRS) reports. In the Senate, we need you to put pressure on Sen. Schumer (D-NY), Chairman of the Rules and Administration Committee, to bring S. Res. 118 before the committee immediately. In the House, we need your help in getting additional co-sponsors for H.R. 3762.

We have issued an Action Alert that makes it easy for you to write to your senators and House representatives. The Alert includes our specific asks, sample emails, and links to the Webmail forms of your members of Congress so that you can start writing an email with just a click of your mouse. Please help us ensure access to these valuable, tax-payer funded reports by writing to your members of Congress today!

Thanks,

Emily Feldman
Advocacy Communications Assistant

American Association of Law Libraries
_________________________________________

Susan Nevelow Mart's followup:of 10/28/2009:

About a week ago, Emily Feldman posted an action alert about CRS reports, with a link: http://www.aallnet.org/aallwash/aa10162009.pdf. If you care at all about getting public access to CRS reports, take a look at this link. It not only tells you what is going on in Congress with CRS reports, it lists the sponsors of the legislation, and what to say to them. The alert lists the committee members, and what to say to them. And if your senators and representatives are not sponsors and not on the relevant committees, there’s a message for every other legislator. And it’s all linked. In other words, the alert makes it so easy, if this is an issue you’d like to be heard on, there is no excuse. Please take a look, and just cut and paste and click send your legislators an email.

As for me, I have long been concerned both as a librarian and a concened citizen about the accessibility of public documents including CRS Reports. That concern has been reinforced by the inability of readers to gain access, online or otherwise, to a CRS Report I discussed in a recent posting on this blog,, CRS Report-Juvenile Justice: Life Without Parole., September 14, 2009. Although the Report is summarized at some length, I was unable to post a link to it because no link was yet available. Almost immediately I started receiving inquiries from readers as to how they could obtain a copy of the entire Report. They too were unable to obtain a complete copy. This example points up the need for online access to very recent CRS reports as well as those that have been around awhile.

David Badertscher

On October 9, 2009 an Op-Ed article, A LIBRARY TO LAST FOREVER, by Sergey Brin, Co-Founder and President, Technology of Google Inc. was published in the New York Times.in which he discusses Google's rationale for their book project. For the informaation I am including in this post the two final paragraphs of his article, a link to the article itself, and some randomly selected comments in response to his article. Accoring to Mr. Brin: "Google’s books project is a win-win for authors, publishers and Google, but the real winners are readers, who will have access to an expanded world of books" Others are not so sure.

FINAL TWO PARAGRAPHS:

"In the Insurance Year Book 1880-1881, which I found on Google Books, Cornelius Walford chronicles the destruction of dozens of libraries and millions of books, in the hope that such a record will “impress the necessity of something being done” to preserve them. The famous library at Alexandria burned three times, in 48 B.C., A.D. 273 and A.D. 640, as did the Library of Congress, where a fire in 1851 destroyed two-thirds of the collection.

I hope such destruction never happens again, but history would suggest otherwise. More important, even if our cultural heritage stays intact in the world’s foremost libraries, it is effectively lost if no one can access it easily. Many companies, libraries and organizations will play a role in saving and making available the works of the 20th century. Together, authors, publishers and Google are taking just one step toward this goal, but it’s an important step. Let’s not miss this opportunity."

THE ARTICLE:

SOME COMMENTS FROM READERS:

"...If this is such a 'great opportunity' that "cannot be missed" as Mr. Brin says, then let's have the Library of Congress oversee and manage and hold rights to the orphaned content, returning all income to that public trust. And let's find out how devoted Google is to this public project by asking it to donate the content it has already digitally 'appropriated.' "

"The ridiculously self-serving comments about libraries need to be dispelled: libraries are not "disappearing day by day", and you don't have to fly anywhere searching blindly for out-of-print books: you can either look for them yourself on the internet on Worldcat, the public version of the world's largest library database, or you can ask your local librarian to find your titles and have them brought to you through their interlibrary loan system. None of this is news to anyone, and someone who intends to become the world's monopoly provider of out-of-print digital books already knows that his statements here are deliberately exaggerated and misleading.

Being an avid Google user, I for one find the google books an extremely useful addition to it's many other functions. I also fail to see what the problem is. Google is doing something that will benefit everyone. "

"As an author I have used Google books extensively, even finding things about rural Ohio in the Harvard Library collection. ...However, the only sure way something can be read is to keep it in text form on a piece of paper. Many digital applications have come and gone - or even a format such as tape recording. Digital is convenient, but much important scientific data has been lost because it could not be read from the recording format."

Libraries still do exist to effectively organize and provide access to information in a variety of forms. Google might want to investigate beyond its own campus before presuming to offer a solution to a problem that is arguably self-serving in the guise of altruism."

"...If what Google has done is such a great idea, and so nobly motivated, then surely Segey Brin won't object if Google's code and data are used and redistributed, at profit, by others, without consultation or prior arrangement. ".

"... There remain clear goals for librarians to collect, describe and provide access and these goals will continue whether the librarian works for a public library, private library or digital library."