Criminal Law Library Blog

On March 10, 2010 New York Lieutenant Governor Richard Ravitch released a fiscal reform plan which calls for a five-year plan to eliminate the State's structural imbalance and introduces a process by which annual budget balance is mandated, minitored and maintained. The plan calls for up to $2 billion in borrowing for the next three years and a financial review board consisting of five members, one each from the Assembly and the State Senate, two appointed by the Governor and one appointed by the New York State Comptroller.:

Ravitch Fiscal Reform Plan- Full Text

In an earlier posting on November 5 , 2009 we reported that on 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. When the last man was out a squad of thirty policemen 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".

On March 2, 2010 for very different reasons the present criminal court building in Manhattan was evacuated due to smoke and water damage caused by an electrical fire in the basement.. When the last people were out, policemen, firemen and court officers took charge of the building and for a time did not permit anyone to enter the building except for business related to coping with the emergency situation..

As noted earlier there were many differences in the two events. By most accounts the old criminal courts building was in very poor condition by 1909. The present Criminal Courts buiilding is perfectly safe and in good condition with lingering smoke and other residual damage from the fire causing the building to remain closed until March 8.

We do not know how the courts, the office of district attorney, and other departments functioned during the evacuation of 1909; but by all accounts work continued quite efficiently during the present evacuation with many working in adjacent buildings and some using computers to work from their homes.

Let's hope we don't have another evacuation during the next one hundred years.

You may have noticed that we have not posted anything about health care for awhile. Other topics have intervened but the health care debate keeps coming back. We are actually glad because for many of us health care reform in the United States is one of the paramount issues of our time.

The New York Times has been doing a good job keeping concerns about helth care alive through its ongong list of articles and editorials telling us what is happening and where they think we might be going. Here are links to a few:

Editorial:

If Reform Fails
Published: March 7, 2010

"There are some basic facts Americans need to know as Congress decides whether to approve comprehensive health reform or continue with what we have."

http://www.nytimes.com/2010/03/07/opinion/07sun1.html

This editorial is a part of a comprehensive examination {by the New York Times] of the debate over health care reform. You can read all of these editorials at: nytimes.com/edhealthcare2009

Recent Article:

Health
Prescriptions: A Handy Road Map for the Final Weeks
By By DAVID M. HERSZENHORN
Published: March 8, 2010
With the health care debate in the home stretch, the main action is now in the House.

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

On February 23, 2010 a divided Panel of the Appellate Division, First Department, New York Supreme Court ruled in People v. Correa (2010 NY Slip Op. 01533) that the 2004 merger of the criminal courts in the Bronx into a single court with jurisdiction to handle both felonies and misdemeanors is unconstitutional.

In the absence of a stay, misdemeanor cases will again only be assigned to judges who have been appointed to the New York Supreme Court. The plan is for judges to continue sitting in hybrid parts, with misdemeanors being heard as Criminal Court cases and felonies as Supreme Court matters.

In dissent, Justice Rolando T. Acosta warned that the majority's "unbridled judicial activism effectively upends tens of thousands of mesdemeanor convictions in Bronx County over the past five years."

Those who need additional background information are referred to the link below to the New York City Bar. Report on the Merger of the Bronx Supreme and Criminal Courts, June 2009.

ABCNY Report on the Merger of the Bronx Supreme and Criminal Courts, June 2009

The webcast of Eben Moglen's speech 'Freedom in The Cloud' is proving
to be one of most popular ever, and has received over 20,000 hits
representing about a 1000 views since Feb 14. In the talk Eben
challenges the tech community to provide the public with the means to
recapture its privacy from social media/cloud juggernaut through the
development of personal social media servers operating in a robust
distributed network.

Note that free DVDs of this talk are available to libraries,
educators, and other interested in running screenings - email
dvd@isoc-ny.org and ask for DVD1710.

http://www.isoc-ny.org/?p=1338

From: ISOC-NY Announcements February 23, 2010

February 23, 2010

In a 5 - 1 decision the New York Court of Appeals found that the legislature and the executive branches had undermined the independence of the judicial branch by tying judges pay raises to unrelated legislation, including bills to raise legislators own salaries, thereby violating the separation of powers doctrine. The last pay raise for New York judges was in 1998.

In his dissent Judge Robert S. Smith stated that while he shares his colleagues' dismay at the Legislature's behavior in dealing with, or rather failing to deal with, judges' salaries, he "cannot agree that any of its actions or inactions are unconstitutional...."

The current Chier Judge of the Court of Appeals, Jonathan Lippman, recused himself from the deliberations because he was a plaintiff in one of the cases the ruling addresses.

Public Statement of Chief Judge Jonathan Lippman, delivered on February 23, 2010 at 1:PM.

Here are excerpts from the beginning and end of the decision:

PIGOTT, J.:

"The constitutional arguments raised in these judicial compensation appeals are premised upon, among other things, alleged violations of the New York State Constitution's Compensation Clause and the Separation of Powers Doctrine. Because the Separation of Powers doctrine is aimed at preventing one branch of government from dominating or interfering with the functioning of another co-equal branch, we conclude that the independence of the judiciary is improperly jeopardized by the current judicial pay crisis and this constitutes a violation of the Separation of Powers Doctrine."

Conclusion
It is unfortunate that this Court has been called upon to adjudicate constitutional issues relative to an underlying matter upon which all have agreed; namely, that the Judiciary is entitled to a compensation adjustment. By ensuring that any judicial salary increases will be premised on their merits, this holding aims to strike the appropriate balance between preserving the independence of the Judiciary and avoiding encroachment on the budget-making authority of the Legislature. Therefore, judicial compensation, when addressed by the Legislature in
present and future budget deliberations cannot depend on unrelated policy initiatives or legislative compensation adjustments. Of course, whether judicial compensation should be
adjusted, and by how much, is within the province of the Legislature. It should keep in mind, however, that whether the Legislature has met its constitutional obligations in that regard is within the province of this Court (see Marbury v Madison, 1 Cranch 137, 177 [1803]). We therefore expect appropriate and expeditious legislative consideration.

Accordingly, In Maron, the order of the Appellate Division should be modified, without costs, by remitting to Supreme Court for - 35 - No. 016; 017; 018 - 35 - further proceedings in accordance with this opinion, and as so modified, affirmed.

In Larabee, the order of Appellate Division should be modified, and in Chief Judge, the judgment of Supreme Court and the order of the Appellate Division should be modified, without costs, by granting judgment declaring that under the circumstances of these cases, as a matter of law, the State defendants' failure to consider judicial compensation on the merits violates the Separation of Powers Doctrine, and by allowing for the remedy discussed in this opinion, and, asmodified, affirmed.

SEE FULL TEXT OF DECISION AT:

New York Court of Appeals Judicial Compensation Decision February 23, 2010

Continue reading "New York Court of Appeals Decision Regarding Dispute Over Judicial Compensation" »

Summary

The President's health care proposal as released on February 22 purports to put "...American families and small business owners in control of their health care. To help those who are following this issue we are providing in this post, links to a 10+ page Summary prepared by the White House. This document provides a good overview and discussion regarding provisions in the proposed legislation.

SUMMARY

Exploring the Proposal

This is a link for those who want to really explore the President Obama's Health Care Proposal through more comprehensive Section by Section analysis .

Both of the above links will lead you to very useful information. We would urge everyone to explore these documents.

The quest for health care reform continues. According to Roll Call the White House has developed its own version of a merged House-Senate health care reform package and plans to have it online for public review by Monday in advance of a bipartisan health care summit scheduled for Feb. 25. As reported, the White House has taken what it considers the best of the House and Senate bills and come up with their own proposal.

Roll Call article.

Top Ten Stories for Week Ending February 19, 2010.

Family Law
Law Student Charged with Contempt for Exposing Daughter to Christianity
Feb 17, 2010, 06:46 am CST

Careers
Will Deferred Associates Idea Backfire for Law Firms?
Feb 16, 2010, 09:33 am CST

Law Practice Management
Firm Hit Over Partner's Hiring Question: How Can We Identify New Mom's Commitment?
Feb 16, 2010, 09:05 am CST

Juries
'Scary' Jurors Spur Switch to Bench Trial, Highlighting Growing Problem
Feb 16, 2010, 05:29 am CST

Solos/Small Firms
BigLaw Lawyers Jump to Small Firms, Law's Fastest Growing Sector
Feb 16, 2010, 06:00 am CST

Plus: 2 Partners of Well-Known Firm Downsize, Now Answer Own Phones at Own Shop
Attorney Fees
McGuireWoods Denied Fee in $49M BAR/BRI Settlement; Conflict Cited
Feb 18, 2010, 07:50 am CST

Careers
Tired of Law Practice? You Can Still Work at a Law Firm
Feb 17, 2010, 09:25 am CST

U.S. Supreme Court
Scalia Opines on Right to Secede in Letter to Screenwriter
Feb 17, 2010, 08:06 am CST

Law Professors
Law Prof Backs First Amendment Over Ban of R-Word
Feb 18, 2010, 05:30 am CST

Labor & Employment
EEOC Hit with $4.5M Legal Fee Award in Losing 'Pattern & Practice' Case, Plans Appeal
Feb 17, 2010, 04:56 pm CST

From the New York Times February 17-18, 2010.

The following are two very informative profiles from the New York Times:

The first profile contains both information about Hon. Jonathan Lippman and emphasizes the impact he has had during his first year as Chief Judge of the New York Court of Appeals:

Top Judge Sets Liberal Course for New York
By WILLIAM GLABERSON
Published: February 17, 2010
Jonathan Lippman has helped turn the Court of Appeals into a scrappier, more divided and more liberal panel.

The second profile discusses various perceptions of David Paterson as Governor of the State of New York:

As Campaign Nears, Paterson Is Seen as Increasingly Remote
By DANNY HAKIM, SERGE F. KOVALESKI and NICHOLAS CONFESSORE
Published: February 18, 2010
Interviews with aides, legislators and friends reveal criticism about the management and election efforts by Gov. David A. Paterson of New York.

A Mediocre Criminal, but an Unmatched Jailhouse Lawyer

By ADAM LIPTAK
Published: New York Times February 9, 2010

EXCER[TS FROM ARTICLE:

While in prison, a former bank robber transformed himself into an accomplished Supreme Court practitioner....

Mr. Hopwood spent much of that time in the prison law library, and it turned out he was better at understanding the law than breaking it. He transformed himself into something rare at the top levels of the American bar, and unheard of behind bars: an accomplished Supreme Court practitioner....

He prepared his first petition for certiorari a request that the Supreme Court hear a case for a fellow inmate on a prison typewriter in 2002. Since Mr. Hopwood was not a lawyer, the only name on the brief was that of the other prisoner, John Fellers ...

Mr. Hopwood was released from prison in the fall of 2008. Mr. Fellers was out by then, and he owned a thriving car dealership in Lincoln. ...

Here, Mr. Fellers said, presenting his jailhouse lawyer with a 1989 Mercedes in pristine condition. Thank you for getting me back to my daughter....

Mr. Hopwood now works for a leading printer of Supreme Court briefs, Cockle Printing in Omaha.

MORE INFORMATION ABOUT JAIL HOUSE LAWYERS:

For those who want to read further about this topic, Numia Abu-Jamal has written a book, Jailhouse Lawyers: Prisoners Defending Prisoners in the USA which, according to Kirkus Reviews provides a series of stories based "on correspondence with two-dozen jailhouse lawyers around the country, Abu-Jamal discusses the lives and work of men and women—some educated, others barely able to read and write—who do legal research, file grievances and litigate cases, often earning reputations as troublemakers and dealt with accordingly by prison authorities. Thousands of such lawyers now work among the 2.3 million inmates of America’s prison system, 'to help, to uplift, and even to free others' "

Prepared by Michael Chernicoff

http://www.abajournal.com/news/article/exclusive_inside_the_new_westlaw_lexis_bloomberg_platforms/#ecamp=t-n322

Despite coming out with new platforms of their own, the perceived‐legal research monopoly of “Wexis” – WestLaw and LexisNexis – is facing pressure from a newly rejuvenated Bloomberg platform. Benefits of the updated Westlaw platform includes the use of a powerful natural language search in the newly‐named WestlawNext, and in the case of Lexis Nexis an intuitive display of results in their product, NewLexis.

The potential release of BloombergLaw marks the company’s expansion of their research product onto personal computers. Historically, the Bloomberg legal research product, B‐Law, was restricted to the Bloomberg Terminal. Currently still running in the Beta version in universities and select New York City law firms, advantages of BloombergLaw include its dockets search and collaboration features, citation analysis, and strength‐of‐authority indicators.

Some expect law firms to see the benefit, with increased competition expected to bring down prices for online legal services.

Point of disclosure. The New York Supreme Court Criminal Term Library has participated as one of the pilot test sites for the Beta version of BloombergLaw.

We are not court reporters and normally do not become involved in discussions related to that field. Nevertheless we recently came accross an interesting exchange of e-mails which helps to identify and highlight the challenges and sometimes emotial reactions regarding how stenographic reporting and electronic recording relate to one another within the court reporting process.

The first e-mail, which we refer to as a comment, presented here in exerpted form, raises concerns about the impact of increased digitization of the process and a percieved lack of planning and resources to deal with these impacts.

The second e-mail is a response to the first. It defends some of the issues criticized in the first e-mail and presents an altervative perspective regarding the roles of stenographic reporting and electronic recording in the court reporting process.

Because of the nature of the exchange and the need to respect privacy we have deleted all identification information regarding either party

COMMENT (EXCERPT) :

:The reports prepared by NACM or reports by other groups sponsored by the National Center for State Courts should be prepared with the help of fine court staff who have spent years and dedicated their careers to expertly recording and preparing court transcripts.

As they say in the appellate courts, there is court reporter dissent with the recommendations of the National Association of Court Management and the recommendations of the Conference of State Court Administrators.

All court reporters who have ever worked in a courtroom and recorded court proceedings will strongly disagree with above mentioned findings and recommendations by NACM and the Conference of State Court Administrators.

Professional court reporters of all types have high standards, and it is not high standards to have the proceedings of several courtrooms monitored from a remote location.

Professional court reporters have high standards and would would never recommend wrapping court reporter notes in rubber bands and storing those notes in metal filing cabinets and then having to later empty those cabinets and file the records in cardboard boxes for permanent storage.

I believe it is the duty and responsibility of those who are skilled in court reporting to challenge reports put out by NACM and the Conference of State Court Administrators when skilled court reporters believe the recommendations made by NACM and the Conference of State Court Administrators are not in the best interests of the court systems or the best interests of the taxpayers when expensive unneeded metal filing cabinets are recommended for the storage of court reporter records.

Court reporters should speak up when the court administrators recommendations give bad advice.

RESPONSE:

Lets try to remove the hysterics from this issue, ... It is not an either/or choice of stenographic reporting or electronic recording. With the exception of Kentucky, every state I am aware of that has grappled with this has ended up with a blended solution of both methods of capturing the verbatim record. As the NACM Miniguide on this subject points out, court managers should go over several considerations to determine the best method to suit the circumstances depending upon such things as case type, likelihood of the need for a transcript and available resources.

As to the other matters you raise, in order to be effective, electronic recording equipment should be monitored by qualified internal or contract staff. The Florida courts have recommended a formula for how many courtrooms a monitor could handle simultaneously, again depending upon several factors. Their report has loads of helpful information about the effective use of electronic recording, and can be found at http://www.flcourts.org/gen_public/court-services/bin/TCPACtReportingFinalReport.pdf

Finally, stenographic notes should be stored electronically, not in paper form. Who cares about the shelf life of rubber bands or whether notes should be stacked vertically or in hermetically sealed boxes?

Stenographic reporting is an honorable profession and there is a rightful place in the making of the court record for steno, especially if the reporter offers realtime and the host of technology advances that come with computer aided transcription. This combination is the platinum standard, but courts do not always need a Cadillac solution especially in these tough budgetary times.

I would much prefer that court reporters bring their expertise about the record to the table to help court management make informed decisions that benefit the system as a whole. Inflammatory rhetoric such as yours only harms this cause, in my view.

As almost everyone knows, the 2011 U.S. Budget was submitted on February 1. Since this is such a huge budget, in terms of both bulk and scope, we have decided to limit this posting largely to links to some " Budget Fact Sheets" prepared by the Office of Management and Budget. Each separately linked fact sheet focuses on a particular priority or group of priorities related to this budget request, thus enabling you to quickly "pick and choose" those areas that interest and concern you without devoting considerable time to other parts of the budget. If you wish to examine this budget request in greater detail, go to the GPO Access link at the end of this posting.

Here are links to the Budget Fact Sheets::

Keeping America Safe and Secure

Clean Energy

Suppoting World Class Education for Children

Create Industries and Jobs

Secure and Affordable Health Care

Supporting America's Military Families

Supporting America's Middle Class Families

Supporting Our Nation's Seniors

Opening Doors for College and Opportunity

Those who are interested in more extensive regarding Budget for the U.S. Governmenrt for fy 11 can go to the GPO Access site at http://www.gpoaccess.gov/usbudget/index.html and follow the various links at that location,

Volume3 Number 1 January 2010

From the Desk of David Badertscher

As we begin the new year, it’s an opportune time to assess the cyber security landscape and prepare for what new challenges may lie ahead, as well as what current threats may continue.

What Are the Cyber Trends for 2010?

· Malware, worms, and Trojan horses: These will continue to spread by email, instant messaging, malicious websites, and infected non-malicious websites. Some websites will automatically download the malware without the user’s knowledge or intervention. This is known as a “drive-by download.” Other methods will require the users to click on a link or button.

· Botnets and zombies: These threats will continue to proliferate as the attack techniques evolve and become available to a broader audience, with less technical knowledge required to launch successful attacks. Botnets designed to steal data are improving their encryption capabilities and thus becoming more difficult to detect.

· Scareware – fake/rogue security software: There are millions of different versions of malware, with hundreds more being created and used every day. This type of scam can be particularly profitable for cyber criminals -- as many users believe the pop-up warnings telling them their system is infected and are lured into downloading and paying for the special software to “protect” their system.

· Attacks on client-side software - With users keeping their operating systems patched, client-side software vulnerabilities are now an increasingly popular means of attacking systems. Client-side software includes things like Internet browsers, media players, PDF readers, etc. This software will continue to have vulnerabilities and subsequently be targeted by various malwares.

· Ransom attacks occur when a user or company is hit by malware that encrypts their hard drives or they are hit with a Distributed Denial of Service Attack (DDOS) attack. The cyber criminals then notify the user or company that if they pay a small fee, the DDOS attack will stop or the hard drive will be unencrypted. This type of attack has existed for a number of years and is now it is gaining in popularity.

· Social Network Attacks: Social network attacks will be one of the major sources of attacks in 2010 because of the volume of users and the amount of personal information that is posted. Users’ inherent trust in their online friends is what makes these networks a prime target. For example, users may be prompted to follow a link on someone's page, which could bring users to a malicious website.

· Cloud Computing: Cloud computing is a growing trend due to its considerable cost savings opportunities for organizations. Cloud computing refers to a type of computing that relies on sharing computing resources rather than maintaining and supporting local servers. The growing use of cloud computing will make it a prime target for attack.

· Web Applications: There continues to be a large number of websites and online applications developed with inadequate security controls. These security gaps can lead to the compromise of the site and potentially to the site’s visitors.

· Budget cuts will be a problem for security personnel and a boon to cyber criminals. With less money to update software, hire personnel and implement security controls enterprises will be trying to do more with less. By not having up-to-date software, appropriate security controls or enough personnel to secure and monitor the networks, organizations will be more vulnerable.

What Can I Do?

The following are helpful tips to assist in minimizing risk:

· Properly configure and patch operating systems, browsers, and other software programs.

· Use and regularly update firewalls, anti-virus, and anti-spyware programs.

· Be cautious about all communications; think before you click. Use common sense when communicating with users you DO and DO NOT know.

· Do not open email or related attachments from un-trusted sources.

Additional Information:

IBM’s Top Security Trends for 2010: http://www.internetnews.com/security/article.php/3849636/

Symantec’s 'Unlucky 13' Security Trends for 2010:
http://www.internetnews.com/security/article.php/3849371

SANS Top Cyber Security Risks: http://www.sans.org/top-cyber-security-risks/

Bankinfosecurity.com article: http://www.bankinfosecurity.com/articles.php?art_id=1926

PC World: http://www.pcworld.com/article/182889/new_banking_trojan_horses_gain_polish.html

Panda Labs 2009 Annual Malware Report:
http://www.pandasecurity.com/img/enc/Annual_Report_Pandalabs_2009.pdf

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:

DARPA: Calling All Cyber Geneticists
Technology sought would develop cyber equivalent of DNA to identify cyberattackers

By Ben Bain
Jan 29, 2010
Federal Computer Week
"The Defense Advanced Research Projects Agency is looking for technologists who can think like scientists to develop and use the cyber equivalent of fingerprints or DNA to pinpoint the origins of a cyberattack...."
____________________

False sense of cybersecurity
Paul Bell
GCN Government Computer News
January 13, 2010.
Newly appointed National Cybersecurity Coordinator Howard Schmidt has a big job ahead of him. Getting individuals, businesses and government to take greater responsibility is one of three places he should start

Although addressed primarily to Internet Society members, the following message contains information which should be of interest to librarians, lawyers and other important stakeholders in the internet community who need to follow ongoing developments.

Dear Members, Friends, and Colleagues,

The end of 2009 is here - and what a year it has been. The Internet
Society continued to prosper in 2009, the results of our work reaching
wider and deeper than ever before. So it is a pleasure to extend my
sincere gratitude to all of you whose combined efforts, energy, and
dedication have made this such a great year.

We often use the term "Internet community" and, looking back at the
achievements of this year, it is clear that these are truly the result
of a strong, committed community pulling together around shared values
and principles.

It is impossible to list here all of the Internet Society's
achievements from such a busy and productive year, but I would like to
single out a few highlights.

Within the Enabling Access Initiative, we worked closely with Chapters
and other local and regional partners to significantly extend our
technical and policy capacity building programmes, especially in
Africa, Latin America, and the Caribbean. These efforts were aided
through a revitalized INET programme with specialized content
developed in partnership with local communities, and which reached out
successfully to hundreds of participants in each location. This work
advanced our profile and strengthened our message in many high-level
forums, such as the OECD, the World Bank, and the ITU. Access
continues to be one of the major themes in many of the Chapter and
other member projects supported by our grants programmes.

In our InterNetWorks Initiative, a number of new efforts contributed
to helping to advance the health of the Internet. ISOC continues to
project a strong voice for IPv6 deployment, so it has been pleasing to
see in 2009 that IPv6 is gathering momentum around the world. In an
exciting new development this year, ISOC launched a series of topical,
lively panel discussions during IETF meetings. The first on IPv6
deployment attracted much international attention. Together with the
subsequent panels on DNS security and bandwidth management issues,
these events have set the scene for what will be an important ongoing
activity, helping to advance the health of the Internet and promoting
the role of the IETF.

ISOC's Trust and Identity Initiative benefited from two important new
staff additions in 2009, increasing our involvement in many important
new initiatives and partnerships in both the Trust and Identity
spaces. One of the most significant is the Kantara Initiative
(formerly the Liberty Alliance), in which ISOC has developed a strong
voice and leadership role.

Throughout all of our work in 2009, we strived to promote better
understanding of the nature and importance of the Internet Model of
development and the relationships of the many organizations and
functions making up the Internet Ecosystem. These efforts have clearly
paid off and we were very pleased to see many of our messages
reflected in the words and actions of many others in regional,
national, and global discussions. In 2009, ISOC's key messages were
more frequently cited in media reports and reflected in statements by
policy makers around the world than ever before.

Additions to ISOC's staff in 2009 helped us make big strides in
producing better publications and communications resources, delivering
important information and services in more languages, and providing
much greater support for events where Chapters, Individual and
Organization Members, and others come together in support of our
common mission. The successful Sphere project continues to be an
excellent process for enabling the full potential of the Chapter
network. And we were very pleased to recently launch the first phase
of our new Association Management System as a much improved tool for
Chapter and member interaction.

This year was one of ISOC's most significant ever in terms of global
engagement. With highly visible roles in the EU, ITU, OECD, IGF, and
many other major policy and technical forums, it is clear that ISOC's
reputation as a trusted and authoritative voice on critical Internet
issues continues to grow stronger. We again were honoured to
coordinate the participation of other organizations, especially in the
Internet Technical Advisory Committee to the OECD and the Internet
Pavilion at the ITU's Telecom World 2009. At the latter event, ISOC
announced the Next Generation Leaders programme, a new activity
starting in 2010 to build on our past successes such as the Network
Training Workshops (NTW's), as well as our current work in Fellowships
to the IETF, and Ambassadorships to the IGF and other forums, adding
coursework and mentoring to help accelerate the careers of the young
practitioners who will lead the Internet into its next generation.

Finally, the Internet Society is finishing the year on a high note,
having just announced our support for the World Wide Web Consortium
(W3C), to help it evolve as a more agile, inclusive, and flexible
organization, as it creates and promotes open standards.

There is so much more I could mention here - it really has been an
extraordinary year. As 2009 draws to a close, it is important to
recognize and thank all those who contributed to such a successful
year. So, thank you to all the Individual and Organization Members,
the Chapters, and all our other supporters and partners for their
efforts and support as we worked together in pursuit of our common
goals. Thank you to our friends in the Internet Engineering Task Force
(IETF) and the Internet Architecture Board (IAB) without whose values
and work, the Internet, as we know it, would not exist. And, of
course, thank you to the ISOC staff, the ISOC Board of Trustees, the
Organization Member Advisory Council and the Public Interest Registry
(PIR), for their efforts and support. To all of you, your support is
vital to helping the Internet improve the lives of people everywhere.

Finally, I'd like to extend my very best wishes to you and your
families during the holiday season, as we couldn't do what we do
without their support. I look forward to working together with all of
you for a prosperous and successful 2010.

Warmest regards,

Lynn

Lynn St.Amour
President & CEO, Internet Society

Robert C. Richard, Editor in Chief of Vox PopoLII reports thatSarah Rhodes has just published a terrific new overview of digital legal preservation, entitled "Preserving Born-Digital Legal Materials…Where to Start?" on Cornell's VoxPopuLII blog. The post addresses core concerns, as well as emerging issues, and provides a thorough and accessible view of the field. He thinks it will prove a very rewarding resource for novices and experienced preservation professionals alike.

For Week Ending January 22, 2010

Law Students
Deluged with Clerkship Apps, Some Federal Judges Don't Look at All of Them
Jan 19, 2010, 03:51 pm CST

Law Firms
Six Law Firms Make Fortune's List of Top 100 Places to Work
Jan 21, 2010, 08:29 am CST

Careers
90-Year-Old Retiring Manhattan DA Heads to Wachtell
Jan 20, 2010, 09:38 am CST

Legal Ethics
Lawyer Who Inflated Grades Gets Recommended 18-Month Suspension
Jan 19, 2010, 07:51 am CST

U.S. Supreme Court
5-4 Citizens United Ruling 'a Revolution in Campaign Finance Law'
Jan 21, 2010, 09:00 am CST

Careers
Depression Is Rising as Lawyers Lose Jobs and Sense of Entitlement
Jan 19, 2010, 07:04 am CST

Legal Marketing & Consulting
Ads by Personal Injury Law Firm Poke Fun at Faked Injuries
Jan 20, 2010, 08:18 am CST

Constitutional Law
Liberal Law Prof Thrills Conservatives with Claim of Class Action 'Pathologies'
Jan 20, 2010, 06:06 pm CST

Legal Ethics
Senior Judge Is Charged with Choking Wife in Domestic Dispute
Jan 19, 2010, 02:27 pm CST

White-Collar Crime
Prominent Lawyers Charged with Failing to File Personal Income Tax Returns
Jan 20, 2010, 01:56 pm CST

Top Ten Stories for Week Ending January 15, 2010

Careers
DLA ‘Working Lawyer’ Explains Why He and 8 Others Moved to Jackson Lewis
Jan 14, 2010, 09:39 am CST

Legal Ethics
Unhappy Secretary’s Report Spurs Ethics Trouble for NJ Litigator
Jan 13, 2010, 11:42 am CST

Business of Law
Jones Day Practice Head Joins Winston; Other Lawyers Likely to Follow
Jan 13, 2010, 04:13 pm CST

Legal Ethics
Posner Blasts ‘Out of Control’ Class-Action Lawyer in Fee Fight
Jan 14, 2010, 08:20 am CST

Law Practice Management
New Milbank Partner Quits After Former Firm Alleges ‘Personal Misconduct’Jan 11, 2010, 03:04 pm CST

Elder Law
‘Invisible’ Woman, 78, Jailed 2 Weeks By ‘System of So-Called Justice’Jan 12, 2010, 04:34 pm CST

U.S. Supreme Court
Supreme Court Word of the Day: Orthogonal
Jan 12, 2010, 08:28 am CST

Natural Disasters
ABA Prez Calls for Haiti Donations After ‘Heartbreaking’ Quake; BigLaw Gives Big MoneyJan 14, 2010, 02:24 pm CST

Terrorism
Jon Stewart: Terrorists May Talk if Forced to Watch His Yoo Interview
Jan 12, 2010, 06:43 am CST

Careers
Boat Commute & Luck Led to Lawyer’s 2nd Gig as Author of Legal Thrillers