Criminal Law Library Blog

BY:Claire M Germain, Edward Cornell Law Librarian and Professor of Law Cornell University and Director, Dual Degree Programs, Paris & Berlin

Claire Germain is interested in all aspects of legal information, from rare books to digital libraries, and often writes on these topics, most recently "Digitizing the World's Laws: Authentication and Preservation." the topic of this posting. For several years she has been actively advocating for effective measures to bring about authentication and improved preservation of digital law locally, nationally, internationally, and globally.

In the United States we especially appreciate her efforts as AALL President in 2006 when she commissioned an AALL Fifty State Survey, which revealed that a significant number of the state online legal resources were deemed official, but none were authenticated by standard methods. As I write this in 2010, work continues on efforts to adopt the findings and recommendations of this Survey in all fifty states. With her paper "Digitizing the World's Laws: Authentication and Preservation", Claire Germain continues her tradition of advocacy from a global perspective.

David Badertscher

Rather than provide a lengthly discussion we have chosen to highlight the paper by presenting the following excerpts.and let you the reader click on the above link and enjoy reading the entire paper.
_________________________

Abstract:
Many countries now provide online access to statutes, codes, regulations, court decisions, and
international agreements. Digital law issues that have emerged include authentication of official
legal information and preservation for long term access, particularly for born digital legal
information which has no paper equivalent. This article is part of a chapter forthcoming in
“International Legal Information Management Handbook” (Ashgate 2010).
_________________________

Official and Authentic Digital Legal Sources
The terms “official” and “authentic” are sometimes used interchangeably but mean
different things. An online official legal resource is one that possesses the same status as
a print official legal resource. In the United States, for instance, the definition of an
official version of court opinions, statutes, session laws, or regulatory materials is one
“that has been governmentally mandated or approved by statute or rule. It might be
produced by the government, but does not have to be.” (American Association of Law
Libraries 2007) This definition is firmly rooted in the print world. Courts and public
officials turn to official legal resources for authoritative and reliable statements of the
law and require citation to such sources in the documents that come before them. By
itself, an online official legal resource offers no such automatic assurance.

Authenticity refers to the quality and credibility of the document. It means that the
text is provided by competent authority and that it has not undergone any alteration in
the chain of custody.2 An online authentic legal resource is one for which a government
entity has verified the content by to be complete and unaltered from the version approved
or published by the content originator. Typically an authentic text will bear a certificate
or mark certifying that the text is authenticated. The standard methods of authentication
include encryption, especially digital signatures and public key infrastructure (PKI), or
similar technologies.3 Authentication of digital law varies by country; some provide
authentication through a digital signature or PKI infrastructure, others through secure
servers and certificates (Hietanen 2007).
_________________________

Authenticity matters because in an environment where online sources are replacing
official print versions of legal information, citizens need to be able to trust digital
versions of the law, in the same way that they have trusted print. Because the digital
medium is vulnerable to errors in management and control, corruption, and tampering, it
is of utmost importance to make digital legal information not only official but authentic.
What is at stake is the transmission of official documents, "the word of the law," to
future generations (Germain 1999).
_________________________

Conclusion
As legal information systems mature worldwide, authenticity is seen as an essential
issue by some who want to guarantee the integrity of official information. There is a
great role for librarians as the research experts in providing access to legal information
and as custodians of information for the long term, in any format, print or digital. The
successful advocacy efforts of the American Association of Law Libraries in the USA
show that librarians can influence information policy decisions for the benefit of all
citizens. There is a great interest in bringing this advocacy to the international level to
develop international standards, possibly within the International Federation of Library
Associations, a major stakeholder for information policy.

David Badertscher

Introduction

In an August 6, 2010 posting on the AALL Washington Blawg, “As Talks Break Down, What is Next for Neutrality”, Emily Feldman discussed the implication of talks on network neutrality between the Federal Communications Commission (FCC) and stakeholders of network neutrality falling apart, or at least being sidetracked, as part of the fallout from the private proposal presented by Google and Verizon regarding the management and possibly financing of internet traffic. As Ms. Feldman correctly noted, network neutrality is a priority for the American Association of Law Libraries (AALL) because law librarians “are providers, creators and users of digital information, and it is up to law libraries to ensure that everyone has equal access to the information they need”.Although librarians are special stakeholders in issues relating to the nature and the existence of network neutrality due to the nature of their mission, everyone in our society should have special concerns about the outcome of these discussions and debates because of the increasing perception of web based information as increasing in value as a service, and even perhaps as a commodity (or something like a commodity).

The above considerations have inspired me to create a new posting to update information previously posted on this blog about network neutrality and also to incorporate new discussion about what network neutrality is, providing some added information to help bring the recent FCC, Google, Verizon interactions into perspective, and conclude by providing some information regarding positions taken on network neutrality by two organizations with which I am most familiar, the American Association of Law Libraries and the Internet Society.

What is Network Neutrality?

Network neutrality (also net neutrality, internet neutrality) is essentially a principle or concept which holds that companies providing Internet services should treat all sources of data equally and that there should be no restrictions by Internet service providers and governments on content, sites, platforms, on the kinds of equipment attached, and also no restrictions on the modes of communication allowed. See also New York Times: Times Topics discussion on Network Neutrality updated to August 12, 2010.

Google Verizon and the FCC

Critics of network neutrality have argued that some kinds of data discrimination on the Internet for some purposes, such as to guarantee quality of service, are actually highly desirable. Such divisions of opinion have resulted in large internet companies talking about creating a two-tiered Internet with a “fast lane and a slow lane”. An alternative approach has recently been presented in a joint proposal by Google and Verizon. In their proposal, Google and Verizon advocate enforcing network neutrality principles on wired communications but not on the wireless Internet. The Google/Verizon proposal also includes something they refer to as “additional differentiated online sources”.What this means appears to be an open question as noted in the following e-mail received from the New York Chapter of the Internet Society:

The break up of the FCC’s ‘secret talks’ and the publishing of
the Google/Verizon joint legislative proposal has certainly stirred up a
net neutrality hornets nest. Just what ‘differentiated services’ do they
have in mind? Is wireless really out the window?

The New York Chapter of the Internet Society have prepared a discussion regarding the Google/Verizon involment including a chronology with links to related documents.at "Google/Verizon Statement on Open Internet Net Neutraltiy" on their website. I was prepared to do some reasonably extensive research on this topic myself but thanks to the people at ISOC-NY it was unnecessary for me to do so

Positions Taken on Network Neutrality by the American Association of Law Libraries (AALL) and the Internet Society (ISOC).

American Association of Law Libraries (AALL):

The American Association of Law Libraries is a member of the Save the Internet Coalition and the Open Internet Coalition, both of which bring together individuals, non-profit organizations, businesses and bloggers who strongly support network neutrality . AALL also maintains a Net Neutrality Issue Brief which is currently updated to June 2010.

Internet Society (ISOC)

While the Internet Society does appear to have an Official Statement (included among the Google/Verizon documents mentioned earlier) which addresses the Google/Verizon Proposal I have been unable to determine if they have a document approved by their Board of Directors which constitues an official position of ISOC regarding network neutrality. That does not mean however that ISOC has not taken positions on this subject.. As an example see the ISOC paper "Open Inter-networking" (February 21, 2010) which includes a useful discussion of open network considerations including network neutrality which it considers to be" a broad and ill-defined term that encompasses a range of policy objectives including free expression, user choice, and discrimination as well as business issues including network traffic management, pricing and overall business models." This paper also asserts that "[T]he Internet Society believes that the proper focus in this discussion [open inter-networking] is on the desired outcome: continued open inter-networking. Current debate centres on whether or how IP packets can be treated impartially"

Update as of August 26, 2010.

Since the above information was posted two additional documents useful to this discussion have come to our attention:

Access to Broadband Networks: The Net Neutrality Debate
Report No. R40616
Subjects: Telecommunications
CRS Reports, 111th Congress (8/11/2010; Posted: 8/26/2010)
SEE SUMMARY

Campbell, Robert. "Lawmakers Argue Against Adoption of Verizon-Google Net Neutrality Plan," Originally posted on Paul Weiss Rifkind Wharton & LLP website. August 20, 2010. Also on Lexology.com.(viewed August 26, 2010.

In an August 20, 2010 paper posted on Lexology, " Lawmakers Argue Against Adoption of Verizon-Google Net Neutrality Plan," Patrick Campbell of Paul Weiss Rifking Wharton & Garrison in New York reports that four Democratic members of the House Energy and Commerce Committee have written to FCC Chairman Julius Genachowski voiceing their concerns with the net neutrality policy framework proposed by Verizon Communications and Google, Inc. Mr. Campbell writes: "The lawmakers claim that the agreement 'reinforces the need for resolution of the current open proceedings at the Commission to ensure the maintenance of an open Internet.' In the week since its introduction, the regulatory roadmap offered by Google and Verizon has added considerable ammunition to the debate over net neutrality that continues to intensify in the wake of the D.C. Circuit Court’s decision in the Comcast- BitTorrent case. Specifically, the companies’ plan would prohibit wireline broadband operators from selectively blocking web transmissions while exempting wireless mobile broadband providers from net neutrality regulation..."

Volume 3 Number 7 July 2010

July 2010

PROTECTING DATA CONTAINED IN COPIERS AND PRINTERS

From the Desk of David Badertscher

What kind of data can be stored in copiers and printers?

You are probably familiar with many of the standard best practices for safeguarding your data, such as avoid carrying unencrypted sensitive data on portable devices; use a complex password; and keeping your PC current with updated anti-virus software and security patches. However, do you realize that another important aspect of safeguarding your data means taking precautions about the information contained on printers or copiers?

Increasingly, printers, copiers and related devices come with hard drives capable of storing large volumes of information. The data you print, copy, scan, or fax may be stored on the hard drive permanently.

Recent news coverage has highlighted the fact that confidential information can be recovered from printers, copiers and similar devices after they are sent to surplus or returned to the vendor at the end of their lease. Some of the confidential information recently reported to be found on these machines included social security numbers, birth certificates, bank records, income tax forms, medical records, and pay stubs with names.

How do I keep my data secure?

Assume that any document that you printed or scanned is stored on the device. At a minimum, be aware that when you dispose of your printer, fax, copier or scanner, there may be a hard drive containing images of all of your documents. In order to properly dispose of the device, have the hard drive securely wiped before you give the device away or sell it, or if the device’s hard drive is removable, remove the drive entirely and have it securely destroyed.

Individuals and organizations should review the following recommendations for printers, copiers, scanners, and faxes:

· Settings: Configure the devices to encrypt the data, if possible.

· New Devices: Purchase\lease devices with disk encryption and immediate data overwriting capability.

· Disposal: Remove or wipe the hard drive before disposal.

· Use of Public Devices: Be cautious if using public printers\copiers\scanner\faxes for documents containing confidential information.

Additional Information:

· Identity Theft Awareness: http://www.identity-theft-awareness.com/digital-copiers.html

· Identity Theft Fixes: http://www.identitytheftfixes.com/company_copiers_and_identity_theft_--_is_your_company_at_ris.html

· CBS News - Digital Photocopiers Loaded With Secrets: http://www.cbsnews.com/stories/2010/04/19/eveningnews/main6412439.shtml

· SANS Reading Room: http://www.sans.org/reading_room/whitepapers/networkdevs/auditing-securing-multifunction-devices_1921

· Xerox: http://www.xerox.com/information-security/product/enus.html

· Cannon: http://www.usa.canon.com/cusa/production/standard_display/security-main-page
· HP: http://h71028.www7.hp.com/enterprise/cache/617575-0-0-225-121.html

· Toshiba: http://www.copiers.toshiba.com/usa/security/device-security/index.html

For additional monthly cyber security newsletter tips visit: www.msisac.org/awareness/news/

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

MORE NEWS AND INFORMATION.

Bandwidth Bandit - Symantec White Paper.

Summary:
Internet bandwidth is a finite and expensive resource; protect it from spammers, criminals, hackers, time-wasters and employee misuse. Your company’s internet link is precious. Not only is it expensive and limited but it is a vital business tool. Yet our analysis shows that companies can lose around a quarter of their internet bandwidth to employee web misuse, streaming media and spam. Imagine if you had to give up a quarter of your office space for non-work activities; it’s inconceivable. But when it comes to internet bandwidth, most companies don’t even know about the loss, let alone take steps to prevent it.

Part of the problem is that the internet is designed to continue operating even if links are busy or damaged; indeed that’s the whole point of it. This means that you probably don’t notice if your emails take longer to deliver, web pages take longer to load and internet phone and video conferences are lower quality. It all sort of works and you expect the occasional hiccup.

Download White Paper Here

Six Reasons to Worry About Cybersecurity

By William Jackson

Daily Government Computer News August 16, 2010.

The threats from increasingly professional cyber criminals, spies and hackers are evolving to address the adoption of new technologies and platforms by government and private-sector enterprises.

Volume 3 Number 6 June 2010

From the Desk of David Badertscher

Home Personal Computer (PC) Maintenance for Windows Operating Systems

Why do I need to maintain my home PC?

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

How do I keep my home PC maintained?

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

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

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

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

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

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

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

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

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

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

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

Additional Tipa

· Multi-State Information Sharing and Analysis Center Cyber Security Tips Newsletter - http://www.msisac.org/awareness/news/2008-03.cfm

· Small Business Computing - http://www.smallbusinesscomputing.com/testdrive/article.php/3864116/7-Basic-Windows-PC-Maintenance-Tips.htm

· Tips4PC - http://www.tips4pc.com/articles/computer%20maintenance/computer_maintenance_checklis_tips.htm· Sensible-Computer-Help - http://www.sensible-computer-help.com/computer-maintenance-tips.html

· Microsoft - http://www.microsoft.com/athome/setup/maintenance.aspx
For more monthly cyber security newsletter tips visit: www.msisac.org/awareness/news/

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

MORE NEWS AND INFORMATION:

What is Information Security?
WiseGeek.com
http://www.wisegeek.com/what-is-information-security.htm

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

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

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

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

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

http://searchfinancialsecurity.techtarget.com/news/article/0,289142,sid185_gci1515845,00.html

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

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

http://searchsecurity.techtarget.com/magazineFeature/0,296894,sid14_gci1514262,00.html

We recemty receoved the following e-mail from the ABA Judicial Division and are grateful for the opportunity to share this column by Judge Dixon with you our colleagues and friends.:

Judge Herbert Dixon's technology column, Developing an Addition to Your BlackBerry in 13 Easy Steps, is available free to the general public at http://new.abanet.org/divisions/Judicial/PublicDocuments/2010SpringDixon.pdf

. The Judges' Journal staff and Editorial Board have concluded that certain articles have a short shelf life and are more valuable for generating interest in the Judicial Division if they are freely to the public rather than listing the articles for purchase. Please share the article with your colleagues and friends as a way to generate interest in the Judicial Division

Ellen McGrath of the Charles P.Sears Law Library at the University of Buffalo has forwarded the following announcement from the National Information Standards Organization (NISO). We are posting it here in recognition and appreciation of the importance of NISO's ongoing work to the library community:

David Badertscher

Date: Fri, 18 Jun 2010 10:24:09 -0400
From: Cynthia Hodgson
To: newsline@list.niso.org
Subject: NISO Announces Six New Standard or Recommended Practice Development Projects - Programs at ALA 2010 Annual Conference to provide more
information

The National Information Standards Organization (NISO) has launched six new standard or recommended practice development projects in the past six months. There are now more development projects underway than at any time in NISO’s history. Experts from interested and affected organizations have volunteered to participate on working groups to develop consensus
standards or best practice recommendations for each of the six projects.

“The rapid pace of new development projects,” states Todd Carpenter, NISO’s Managing Director, “is an indication of both the need for standards and recommended practices in the NISO community and the community’s confidence in NISO as the organization that can best bring together all the parties needed to find innovative and practical solutions.”

“Many of the new projects are joint efforts with other organizations,” Karen Wetzel, NISO Standards Program Manager, points out, “or are expansions on work begun by others in our community. This is a reflection of NISO’s outreach in recent years to organizations working in related areas.”

The six new project working groups are:

E-journal Presentation & Identification – Chaired by Steve Shadle
(University of Washington), this working group will develop a NISO Recommended Practice for the presentation and identification of e-journals to improve the title listings and supporting metadata on journal websites and to particularly address the issue of titles that change names or publishers.

Improving OpenURL Through Analytics (IOTA) – Chaired by Adam Chandler
(University of Cornell), this working group is investigating the feasibility of creating industry-wide, transparent, and scalable metrics for evaluating and comparing the quality of OpenURL implementations across content. It builds on work begun at Cornell University as part of a
2008/2009 Mellon Planning Grant. The results of this investigation and follow-up recommendations will be published in a NISO Technical Report.

RFID in Libraries Revision ‑ Co-chaired by Vinod Chachra (VTLS) and Paul
Sevcik (3M), this working group will produce a revision of the NISO Recommended Practice, RFID in U.S. Libraries (NISO RP 6-2008). The related ISO standard on RFID in libraries is in the final stages of development, with publication expected in late 2010. The NISO RP revision will ensure that the recommendations are up-to-date and provide U.S. implementers of
RFID tags in libraries with sufficient guidance to conform to the ISO work.

Standardized Markup for Journal Articles Working Group ‑ Co-chaired by
Jeff Beck (National Library of Medicine) and B. Tommie Usdin (Mulberry Technologies), this working group will take the currently existing National Library of Medicine (NLM) Journal Archiving and Interchange Tag Suite version 3.0, the three journal article schemas, and the
documentation and shepherd it through the NISO standardization process.

NISO/NFAIS Supplemental Journal Article Materials – Following a NISO/NFAIS roundtable meeting on the topic, a two working groups – one to focus on business issues, the other on technical issues -- were launched to together develop a Recommended Practice for publisher inclusion, handling, display, and preservation of supplemental journal
article materials. The business working group will be co-chaired by Linda Beebe (American Psychological Association) and Marie McVeigh (Thomson Reuters). The technical working group will be co-chaired by Dave Martinsen (American Chemical Society) and Alexander (Sasha) Schwarzman (American Geophysical Union).

NISO/UKSG Knowledge Bases and Related Tools (KBART) Phase 2 ‑ Co-chaired by Sarah Pearson (University of Birmingham) and Andreas Biedenbach (Springer Science+Business Media), this working group takes up the outstanding items that were identified in the January 2010 recommended practice, KBART: Knowledge Bases and Related Tools (NISO RP-9-2010). The group will develop a second recommended practice focusing on the more advanced, complex issues that cause problems in utilizing OpenURL knowledge bases. The group will also deliver a centralized information portal to support educational activities.

All of the new projects will be discussed at various programs during the American Library Association 2010 Annual Conference in Washington, D.C.from June 25-27. Visit the NISO @ ALA webpage (www.niso.org/news/events/2010/ala2010/) for a complete list of these programs. More information about all of the active NISO working groups can be found on the workrooms webpage (www.niso.org/workrooms/
<file:///C:\Users\CAH\AppData\Local\Microsoft\Windows\Temporary%20Internet%20Files\Content.Outlook\G485B1VC\http\www.niso.org\workrooms\>
). Public interest group e-mail lists are available for most NISO working
groups; visit www.niso.org/lists/ to sign-up or review the list archives.

For More Information, Contact:

Victoria Kinnear
Business Development and Operations Manager, NISO
Phone: 301-654-2512
Email : vkinnear@niso.org

Karen A. Wetzel
Standards Program Manager, NISO
Phone: 301-654-2512
Email: kwetzel@niso.org

In a video of an interview with his Fox Business Network, Rupert Murdoch, News Corp. Chairman discusses what he considers the future of media and the Company's plan to charge for content. During the interview Mr. Murdoch said that in order to get people to pay for content online you simply "...turn them off. They've got to sign on. They give you their credit card number. And that's it. And then you e-mail them and say you're putting the price up or you're taking it down or whatever."

Click here to listen to the interview.

David Badertscher

This posting is essentially a followup of two of our earlier postings on this topic which you can find here and here.

It begins with two statements released by the U.S. Federal Communications Commission (FCC) on May 6, 2010 in partial response to the recent decision in the Comcast case.and continues with a listing of recent Congressional Research Service (CRS) Reports addressing various aspects of the topic:

First Statement:
The Third Way: A Narrowly Tailored Broadband Framework. a statement by Julius Genachowski
Chairman, Federal Communications Commission.

Many have asked about the FCC’s next steps in view of the recent decision in the Comcast case. On May 6, 2010 the Federal Communications Commission (FCC) released two statements to address this question. The first statement by Julius Genachowski, Chairman of the FCC describes a path forward, which will begin with seeking public comment on a post-Comcast legal foundation for the FCC’s approach to broadband communications services. The goal according to Mr. Genachowski, is to restore the broadly supported status quo consensus that existed prior to the court decision on the FCC’s role with respect to broadband Internet service. He emphasizes that he "is open to all ideas on the best approach to achieve our country’s vital goals with respect to high-speed broadband for all Americans, and the Commission proceeding to follow will seek comment on multiple legal theories and invite new ideas".

Second Statement:
A Third-Way Legal Framework For Addressing The Comcast Dilemma, a statement by Austin Schlick, General Counsel, Federal Communications Commission prepared at the request of Chairman Genachowski:

The second statement, prepared by Austin Schlick, General Counsel of the FCC at the request of Chairman Genachowski describes the legal thinking behind the narrow and tailored approach to broadband communications services that Chairman Genachowski introduced for public discussion on May 6. It springs from a longstanding consensus about how the FCC should approach Internet access services; from a recent court decision that casts serious doubt on the FCC’s current strategy for implementing that consensus; and from a belief that Congress’s laws and the Supreme Court’s decisions provide a way to overcome this new challenge.

Those interested in this topic may also want to obtain copies of the following recently released CRS Reports: Due to restrictions we cannot provide them in full text on this blog.

Distribution of Broadband Stimulus Grants and Loans: Applications and Awards
Report No. R41164
Subjects: Rural Affairs; Telecommunications
CRS Reports, 111th Congress (4/16/2010; Posted: 4/23/2010)

Broadband Internet Access and the Digital Divide: Federal Assistance Programs
Report No. RL30719
Subjects: Telecommunications
CRS Reports, 111th Congress (4/19/2010; Posted: 5/4/2010)

Broadband Loan and Grant Programs in the USDA's Rural Utilities Service
Report No. RL33816
Subjects: Rural Affairs; Telecommunications
CRS Reports, 111th Congress (4/20/2010; Posted: 5/5/2010)

The FCC's Authority to Regulate Net Neutrality after Comcast v. FCC
Report No. R40234
Subjects: Telecommunications
CRS Reports, 111th Congress (4/23/2010; Posted: 5/6/2010)

Broadband Infrastructure Programs in the American Recovery and Reinvestment Act
Report No. R40436
Subjects: Economic Policy; Telecommunications
CRS Reports, 111th Congress (5/6/2010; Posted: 5/17/2010)

Access to Broadband Networks: The Net Neutrality Debate
Report No. R40616
Subjects: Telecommunications
CRS Reports, 111th Congress (5/6/2010; Posted: 5/18/2010)

Volume 3 Number 5 May 2010

Identity Theft

From the Desk of David Badertscher

What is Identity Theft?

Identity theft is a crime in which your personal information such as your name, social security number, date of birth, and address is stolen and may be used by someone to assume your identity, often for the purpose of financial gain. It is also referred to as “identity fraud” when the stolen identity is used to impersonate the victim. Methods a criminal may use to steal your data over the Internet include hacking or using spam and phishing. Social media sites and file sharing can be prime targets for identity thieves, since users often make the assumption of a trusted environment, sharing personal information without understanding the consequences.

Identity theft is not just a risk for those who use the Internet. Criminals can obtain information by sorting through garbage, eavesdropping, stealing wallets, picking up receipts at restaurants, and other means.

Once enough information is gathered, criminals may open new credit card accounts, apply for loans, empty your bank accounts, make charges on your credit card, or develop fake forms of identification.

Identity thieves will not always use the information themselves. They may sell it to underground markets for financial gain.

What can I do to protect my identity?

• Ensure that any computer used to connect to the Internet has proper security measures in place. Use and maintain anti-virus software and keep your application and operating system patches up-to-date.
• Do not follow links provided by unknown or un-trusted sources.
• Do not open e-mail attachments from unknown users or suspicious e-mails from trusted sources.
• If you employ file sharing programs, check the configuration settings to ensure you are not inadvertently sharing your personal information.
• Be careful what personal information you distribute, particularly on social networking sites, and continuously check to see what information others may be posting about you. Also verify your privacy settings to ensure you are not inadvertently sharing your personal information.
• Check your credit reports from all three major credit bureaus (Equifax, Experian, and TransUnion) at least once a year. You are entitled to one free credit report from each bureau every year. You may wish to stagger your requests to check a different credit bureau every four months.
• Guard your personal information, including your social security number. Don’t carry your social security card with you, and don’t provide your social security number to anyone unless they have a legitimate need for it.
• Don’t put your social security number or driver’s license number on your checks.
• Be aware of your surroundings when providing personal information orally. Watch for eavesdroppers.
• Properly discard hard copy documents containing personal information. A crosscut paper shredder works best.

What do I do if my identity has been stolen?

The first step is to notify your bank, and any other entities with which you have accounts, to inform them that someone may be using your account fraudulently. File a report with your local police and report the event to the Federal Trade Commision. It is helpful to have your financial statements available to better explain your situation.

Contact all three major credit bureaus to request a credit report, and have a fraud alert or a credit freeze placed on your credit reports to prevent accounts from being opened without your permission.

Continue to monitor all of your accounts for any suspicious activity.

Additional Information:

• Multi-State Information Sharing and Analysis Center - www.msisac.org/webcast/02_06/info/resourses.cfm || www.msisac.org/webcast/02_06/

• Federal Trade Commission
www.ftc.gov/bcp/edu/microsites/idtheft/

• Identity Theft Resource Center
www.idtheftcenter.org/

• Test your Identity Theft Knowledge
www.idtheftcenter.org/artman2/publish/c_theft_test/index.shtml

• National Cyber Security Alliance
www.staysafeonline.org/content/protect-yourself

For more monthly cyber security newsletter tips visit: www.msisac.org/awareness/news/

The above information is from tips provided by the Multi-State Information and Analysis Center (MS-ISAC). To learn more about MS-ISAC go to http://www.msisac.org/
_______________________

MORE NEWS AND INFORMATION:

At a Technology Managers Forum on May 13, 2010 devoted to information security issues, Spencer Parker, Director of Product Management at CISCO gave a keynote presentation titled Dispelling The Myths of Cloud Security. In his presentation Mr. Parker examined the truth behind five common myths about cloud security and outlined the factors fueling its rapid growth. He also presented data from real companies utilizing the cloud, such as:

Employee time spent on Facebook applications.
Ongoing prevelance of data theft Trojans.
A look at advanced, granular reporting capabilities.

Interview with Brian Hengesbaugh, partner with Baker & McKenzie, on global security and privacy challenges

In a May 2010 interview and podcast reported by Bank Info Security.com Brian Hengesbaugh, partner in the Chicago office of the law firm Baker & McKenzie observes there isnothing smooth about navigating the tricky waters of data security and privacy on a global basis. Regulations vary and often conflict with one another. Click here to read the interview and link to the podcast.

An Internet Society NYC update with video:

ISOC-NY on May 8 2010, hosted a seminar "dot nyc - How are we doing?" at NYU. NYC Council Member Gale Brewer delivered keynote remarks, then vendor Eric Brunner-Williams of CORE Internet Council of Registrars revealed details of their proposal to the City, and Antony Van Couvering of Minds + Machines and Public Advocate Beill DeBlasio’s earlier comments to the City Council were shown in video. There was a discussion "What’s it for?" about possible applications - civic, community, commercial, and "outside the box" - for a local top level domain. Speakers included Tom Lowenhaupt of Connecting .nyc and Richard Knipel of Wikimedia NYC. Audio/video is available .

http://www.isoc-ny.org/?p=1515

Much is being written about the application development and information security aspects of cloud computing but there has been comparatively little discussion about how cloud computing relates to ethical issues that may arise from a lawyer's use of this technology. In their two part article I n t r o to Cloud Computing and Its Ethical Implications — Is There a Silver Lining? (Part I of II) Jeremy Feinberg and Maura Grossman have contibuted significantly toward filling that gap in the literature. Part I has already been published in the May 2010 issue of the New York Professional Responsibility Report (NYPRR) and is being reprinted below with permission of the publisher in response to those of you who through your comments have expressed an interest in these issues. We also plan to post Part II here after it first appears in NYPRR.
David Badertscher

Intro to Cloud Computing and Its Ethical Implications --- Is There a Silver Lining? (Part I of II)

By Jeremy R. Feinberg and Maura R. Grossman
______________________________________________________________________

Understanding the legal and ethical implications of rapidly emerging technologies can be a bit like shooting at a moving target. It was barely 18 or 24 months ago that you could ask a lawyer whether he or she had a Facebook account, or “tweeted,” and you were likely to be met with a blank stare. In this short span of time, social networking sites have gone from fringe activities to mainstream tools in many lawyers’ marketing and communications arsenals Now that Web 2.0 has become fairly common, the latest trend that some lawyers and law firms – and many of their clients – have begun to embrace, is cloud computing. In the first of this two-part series, we will provide a brief, non-technical introduction to what “cloud computing” is, explain why it is catching on, and at least identify some of the ethical issues that may arise from a lawyer’s use of this technology In the second part of this series, we will consider a set of legal and ethical issues implicated by cloud computing, primarily when it is the lawyer’s client that makes use of this technology.

What Is Cloud Computing? Why Is It Becoming So
Popular?

Setting aside associate and support staff compensation for the moment, real estate and information technology (“IT”) costs are probably two of the most significant overhead
expenditures for many law firms. Imagine, however, a law practice that did not house its own computer servers and other hardware, indeed, did not even have its own IT Department. Could such a law firm function in this day and age of ubiquitous electronic records? Sure, if it has embarked on cloud computing, a trend which essentially entails “outsourcing” some or all of the firm’s technology infrastructure, software applications, and storage needs to a third-party provider from whom the firm “leases” them, over the Internet, for a monthly fee. Cloud computing takes advantage of the convenience, scalability, and cost savings that can be achieved by sharing hardware, software, and data storage. It allows users at multiple, disparate locations to make use of a joint pool of technology resources that each alone might not be able to afford, without having to physically house or personally manage them

Cloud computing first became possible because certain companies worldwide – among them Google and Amazon – amassed vast amounts of computer hardware and software so that they could handle the staggering consumer demands during the peak ordering season (i.e., the holidays). In seeking uses for this IT infrastructure during the remainder of the year, when there was less call for the applications and servers, it occurred to these companies (and others) that they could make the excess resources available for “rent” to the public, through the Internet. (The “cloud” is the symbol used to depict the Internet in technical drawings). Law offices seeking to take advantage of the cloud could thereby secure remote access to virtually unlimited computing resources, 24 hours a day, seven days a week, on an as-needed basis, through a contract with a third-party service provider that linked them with the type(s) and amount(s) of IT resources they needed, ranging from proprietary software applications to document management systems and back-up storage.

The potential benefits for cloud users are obvious. Because of the savings in real estate costs and computer equipment, as well as on the personnel needed to manage on-site IT
systems, cloud users can access the particular computing resources they need, at a particular point in time, for a fraction of the cost of owning and maintaining them. As their needs expand and contract, they can simply scale up or scale back without having to worry about details like electricity costs for operating and cooling equipment, or licensing fees and upgrades for software applications. The computing resources are conveniently available at any time, and from any place, as long as there is a working Internet connection. As a practical matter, however, use of the cloud means that a lawyer’s (or law firm’s) email, word processing, and document management systems – and all of the confidential client information contained on them – are no longer housed within the four walls of the lawyer’s office, but rather, somewhere in cyberspace that the lawyer may not be able to readily identify at any given point in time. It is in these details that the devil may reside.

In an economy where the bottom line and around-the-clock accessibility have become increasingly important, to many organizations, cloud computing may seem like a no brainer. But before making the leap to the cloud, there are certain ethical issues that should be considered. Although a comprehensive discussion of the myriad legal issues implicated by cloud computing are beyond the scope of this article, the interested reader may wish to refer to the following series of blog entries, which provide an excellent overview of some of these issues:

http://www.infolawgroup.com/2009/08/articles/cloud-computing-1/legal-implications-of-cloud-computing-part-one-the-basics-and-framing-the-issues/ (discussing the
basics of cloud computing);

http://www.infolawgroup.com/2009/09/articles/breach-notice/legal-implications-of-cloud-computing-part-two-privacy-and-the-cloud/ (discussing privacy considerations in cloud computing); and

http://www.infolawgroup.com/2009/10/articles/cloud-computing-1/legal-implications-of-cloud-computing-part-three-relationships-in-the-cloud/ (discussing relationships in
the cloud).

As for the pertinent ethical issues, we address below some of those that uniquely apply when it is the law firm that moves to the cloud. There are other issues that are implicated primarily when it is the client that chooses to do so. Those we will address in the second article in this series.

Continue reading "Intro to Cloud Computing and Its Ethical Implications --Is There a Silver Lining - Part I of II" »

Non-traditional communications devices such as smartphones and game consoles pose a particular problem to law enforcement agencies trying to milk them for forensic data that reveals criminal activity, attendees were told at the 2010 Computer Forensics Show in New York City.

From: Greene, Tim. FBI: Finding Criminal Data on Cell Phones and Game Consoles:is Tough,. in Network World, April 23, 2010.

Volume 3 Number 4 April 2010.

Cloud Computing

From the Desk of David Badertscher

What is Cloud Computing?

Cloud computing is a growing trend in information technology as organizations look for ways to save money and add flexibility to their operations. Cloud computing, while still an evolving service, provides on-demand network access to a shared pool of computing resources such as networks, servers, storage and applications. The pooling of resources allows the provider to rapidly scale to meet changing customer demands. The service is typically provided through a large data center. Cloud computing can be divided into three types: Software as Service, Platform as Service, and Infrastructure as Service.

Software as a Service (SaaS): Provides ready for use web-based applications such as email that are maintained centrally by a provider (e.g., Gmail, Salesforce.com).
Platform as a Service (PaaS): Provides programming languages and tools that can be used by application developers to create and deploy applications on the web.
Infrastructure as a Service (IaaS): Provides computing resources, such as virtualized servers and storage, whose usage is rented from a provider (e.g., Amazon EC2, Windows Azure).

In addition, cloud computing can be private, available for a single organization/group of users, open to the public, or some combination of these models.1

The growth in cloud computing is fueled by economies of scale. Cloud computing allows users to pay for what they need, when they need it.

What are the Security Concerns with Cloud Computing?

There are security and privacy concerns that must be considered before moving to cloud computing, including the following:

Vendor Security: Cloud computing customers rely on providers to implement appropriate security measures to protect the confidentiality, integrity, and availability of data. Be wary of providers who are reluctant to share details of their security architecture/practices with customers.

Isolation/Segregation: Users access cloud computing resources via a virtual machine hosted on an unknown physical machine2. The physical machine may be shared with other users. Providers must ensure that multiple customers do not interfere with each other, maliciously or unintentionally.

Data Location: Providers may have data centers located in other countries. Be sure your vendor contract stipulates any restrictions you may have on the physical location of where your data is stored.

Management Interface: Customers access the cloud management interface via the Internet, thus increasing exposure to potential attack.

Reputation Sharing: Bad behavior by one cloud customer may impact others using the cloud. For example a customer engaging in spamming may cause a common cloud IP address to be blacklisted.

Provider Viability: What happens to your organization’s applications and data in the event that the provider goes out of business?

Compliance: Placement of data in the cloud does not eliminate an organization’s need to meet legal and regulatory requirements such as PCI or HIPAA. Organizations will need timely assistance from cloud computing providers to fulfill investigation/audit requirements.

What Should Organizations Do?

Organizations should fully research the risks and benefits of cloud computing before moving to that environment. It is critical that security requirements are addressed in contractual agreements in advance. In addition, there are steps organizations should take when using cloud computing:

· Data Classification: Consider the sensitivity of your data before making a decision of whether or not to put it in the cloud.

· Encryption: Encrypt sensitive data before placing it in the cloud.

· Authentication: Consider requiring multifactor authentication for access to cloud computing resources.

· Vulnerability Assessment: Include a requirement for a security review or vulnerability assessment as part of the service level agreement with the provider.

· Monitor: Require close monitoring of cloud computing resources by providers for unauthorized activity.

· Backup: Ensure that your backup data is not comingled with other customers.

· Notification: Require providers to provide timely notification of any potential data security breach.

The above comments are from 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/

Additional Information:

[1] The NIST Definition of Cloud Computing. October 2009. http://csrc.nist.gov/groups/SNS/cloud-computing/

2 D. Hilley. Cloud Computing: A Taxonomy of Platform and Infrastructure-level Offerings. April 2009. http://www.cercs.gatech.edu/tech-reports/tr2009/git-cercs-09-13.pdf

Cloud Security Alliance: http://www.cloudsecurityalliance.org/
M. Armbrust et al. Above the Clouds: A Berkeley View of Cloud Computing. February 2009

More News.

Amazon Debunks Top Five Myths of Cloud Computing
e-Week News April 9, 2010.

"As the 5th International Cloud Computing Conference & Expo (Cloud Expo) opens in New York City on April 19, Amazon Web Services (AWS) is tapping into the attention the event is placing on cloud computing to address what the company views as some of the more persistent myths related to the cloud."

Censorship Circumvention Via Kaleidoscope

Video of Jinyang Li's Mar 25 lecture hosted by the New York City Chapter of the Internet Society about the Kaleidoscope system for getting around Internet censorship. The talk explains how traditional censorship workarounds like proxies and P2P can easily be discovered
and defeated, but how Kaleidoscope - which passes encrypted data through trusted relays - defies such efforts.

http://www.isoc-ny.org/?p=1485

In City of Ontario California et. al. v. Jeff Quon et. al. the U.S. Supreme Court is wrestling with the issue of whether public employees are entitled to a reasonable expectation of privacy in text messages transmitted on their workplace pages or similar devices without such messages being subject to review from recipients public employer. The city of Ontario, California is asking the justices to overturn a ruling by the U.S. Court of Appeals for the Ninth Circuit, holding that it violated the Fourth Amendment privacy rights of Mr. Quon, a member of the Ontario police department SWAT team, when it reviewed transcripts of his and another offiicer's text messages on their department pagers. Below are links to the argument transcipts and other docuemts related to this case:

Argument: City of Ontario California, et. al. v. Jeff Quon, et. al. 08-1332

The Scotus Wiki contains links to other useful documents related to this case.

The Alabama Supreme Court and State Law Library is pleased to announce the launch of its new website. Please check us out at http://judicial.alabama.gov/library.cfm. As part of our redesign, we are proud to present the full text of the Alabama Rules of Court—Civil, Criminal, Small Claims, Juvenile, Appellate, and Judicial Administration and the accompanying forms.

Volume 3 March 2010

Security and Privacy on Social Networking Sites

From the Desk of David Badertscher

What are the security and privacy issues associated with social networking sites?

Social networking sites have become very popular avenues for people to communicate with family, friends and colleagues from around the corner or across the globe. While there can be benefits from the collaborative, distributed approaches promoted by responsible use of social networking sites, there are information security and privacy concerns. The volume and accessibility of personal information available on social networking sites have attracted malicious people who seek to exploit this information. The same technologies that invite user participation also make the sites easier to infect with malware that can shut down an organization’s networks, or keystroke loggers that can steal credentials. Common social networking risks such as spear phishing, social engineering, spoofing, and web application attacks attempt to steal a person’s identity. Such attacks are often successful due to the assumption of being in a trusting environment social networks create.

Security and privacy related to social networking sites are fundamentally behavioral issues, not technology issues. The more information a person posts, the more information becomes available for a potential compromise by those with malicious intentions. People who provide private, sensitive or confidential information about themselves or other people, whether wittingly or unwittingly, pose a higher risk to themselves and others. Information such as a person’s social security number, street address, phone number, financial information, or confidential business information should not be published online. Similarly, posting photos, videos or audio files could lead to an organization’s breach of confidentiality or an individual’s breach of privacy.

What are the precautions I should take?

Below are some helpful tips regarding security and privacy while using social networking sites:

·Ensure that any computer you use to connect to a social media site has proper security measures in place. Use and maintain anti-virus software and keep your application and operating system patches up-to-date.

Use caution when clicking a link to another page or running an online application, even if it is from someone you know. Many applications embedded within social networking sites require you to share your information when you use them. Attackers use these sites to distribute their malware.

Use strong and unique passwords. Using the same password on all accounts increases the vulnerability of these accounts if one becomes compromised.

If screen names are allowed, do not choose one that gives away too much personal information.

Be careful who you add as a “friend,” or what groups or pages you join. The more “friends” you have or groups/pages you join, the more people who have access to your information.

Do not assume privacy on a social networking site. For both business and personal use, confidential information should not be shared. You should only post information you are comfortable disclosing to a complete stranger.

Use discretion before posting information or commenting about anything. Once information is posted online, it can potentially be viewed by anyone and may not be retracted afterwards. Keep in mind that content or communications on government-related social networking pages may be considered public records.

Configure privacy settings to allow only those people you trust to have access to the information you post. Also, restrict the ability for others to post information to your page. The default settings for some sites may allow anyone to see your information or post information to your page; these settings should be changed.

Review a site’s privacy policy. Some sites may share information such as email addresses or user preferences with other parties. If a site’s privacy policy is vague or does not properly protect your information, do not use the site.

Additional Information:

MS-ISAC Monthly Cyber Security Tips Newsletter: Social Networking Sites: How To Stay Safe
www.msisac.org/awareness/news/2009-03.cfm

OnGuardOnline: www.onguardonline.gov/topics/social-networking-sites.aspx

StaySafeOnline – National Cyber Security Alliance: www.staysafeonline.org/blog/staying-safe-social-media-web-sites
Social Networking Privacy - A Parent’s Guide: www.ftc.gov/bcp/edu/pubs/consumer/tech/tec13.shtm

US-CERT--Staying Safe on Social Network Sites: www.us-cert.gov/cas/tips/ST06-003.html

The above comments are from 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/

MORE NEWS AND INFORMATION:

Is it Time to Create A Social Media Policy to Protect Liability?

From: Lexology March 24, 2010

"...the clear take-away for employers is that proactive measures to adopt clear, written procedures on social media and blogging policies may reduce exposure for employee statements. Effective policies should educate employees on the types of statements that require disclosure, prohibit false and misleading employee statements, require that employee endorsements be submitted to management or marketing for approval prior to posting and provide for response measures when violations occur. Additionally, well written policies can work to address exposure under other applicable laws, such as those related to disclosures by public companies under Regulation FD and the protection of company trade secrets."

Faces of Fraud 2010

From: The Field Report with Tom Field April 2, 2010.

"Payment cards, ACH, ATM - these are the forms of fraud that have made the biggest news so far in 2010. But there's another variation preying upon banking institutions, too, and it deserves its own headlines."

From: Cloud Security's Seven Deadly Sins

BY: Kathleen Lau, Computerworld Canada

March 31, 2010

"A security expert warns organizations making a foray into cloud computing may know familiar terms like multi-tenancy and virtualization, but that doesn't mean they understand everything about putting applications in the cloud."

In a unanimous 3-0 Decision last Tuesday April 6 the United States Court of Appeals for the District of Columbia Circuit ruled that the Federal Communication Commission did not have the authority to order Comcast in 2008 to cease and desist interfering with the traffic of Bit Torrent a P2P file sharing service. At the time Comcast ostensibly accepted the order, but ended up appealing the ruling in the courts. The April 6 opinion is the result of that appeal.

As can be expected, reactions have been quick in coming and are quite varied, depending on the perspective and interests of those responding. Some have emphasized the supposedly narrow scope of the ruling attempting to play down its overall importance. Others see it has quite significant, even ground breaking in its scope. For example, will the ruling set a prescedent that allows internet providers to control broadband service as they see fit since it clearly undercuts the FCC's claim to authority to regulate the internet? What about the FCC's recently released National Broadband Plan supported by the Obama administration? Many of my fellow libraraians have been looking forward to both participating in and benefiting from this program which contains some provisions related to libraries.? And what about the overarching issues relating to equal treatment for all who use the internet? That not only refers to the "information poor" who often have difficulty getting access under the best of conditions; is could also impact those at the opposite end of this spectrum, eg. Google's You Tube and Microsoft's MSN.com?

So many questions, which indicates that this decision really is important with far reaching consequences. Some think this ruling will be appealed to the U.S. Supreme Court but we will need to wait and see. Meanwhile, the FCC has been handed some significant regulatory issues it will need to try to work around. Can they do it. It appears from a statement issued after the ruling that they are prepared to try.

Some believe the FCC might consider move to reclassify internet services as Title II common carrier services which transport people and goods under regulatory supervision. That might help the FCC move toward the broadband stimulus bill which relies on the FCC to regulate internet access. But that could ignite a firestorm among the carriers and there may be a question as to whether the FCC really wants to take that on.

The ruling does appear to free the big cable companies such as Comcast from the threat of net neutrality rules which they say would interfere significantly with their ability to manage traffic on their own networks and prioritize certain applications such as those used to block spam.. Others are concerned that the ruling will hinder the Obama administrations push for more net neutrality on the web. And what about the common ordinary citizen who is in desperate need for web access? Right now the outlook appears highly uncertain. It is worth noting the remark of Ben Scott, policy director for the Free Press, a not-for-profit organization that supported the F.C.C in the Comcast case: "Internet users now have no cop on the beat."

Reactions keep coming. Here is an excerpt from the April 12, 2010 National Law Journal as reported on LAW.COM:

"Comcast's courthouse victory over the Federal Communications Commission last week might not turn out to be a win for the company after all if it speeds the path for wider regulation of broadband services. The unanimous ruling was a short-term affirmation for those who want to rein in the FCC's ability to impose 'net neutrality' rules, but major battles loom in at least two venues: the commission and Congress. A loss in either place would mean a lot more uncertainty for companies like Comcast."

Below are two documents related to the Comcast decision. The first link is to the FCC Statement issued after the decion' the second link is to the decision itself.

FCC Statement on Comcast v. FCC Decision

Decision: Comcast Corporation v. Federal Communications Commission No. 08-1291

In a post on the Social Media Student Blog Josh Cameron writes:

It’s no secret that Google Scholar now includes court opinions and legal journals. The legal journal articles are just search results that will redirect you to the hosting site. However, a large number of the court opinions are hosted right in Google Scholar. The only problem is that linking to these opinions is not the clearest thing in the world.

When you do visit this blog don't forget the comments, they are interesting as well.

The Internet Society's New York Chapter (ISOC-NY) has for some years
been following the .nyc and ICANN process on behalf of the NYC
community and will, on Saturday April 10 2010, host a symposium “dot
nyc – How are we doing?” at NYU. Vendors Eric Brunner-Williams of CORE
Internet Council of Registrars and Antony Van Couvering of Minds +
Machines will reveal details of their proposals to the City, after
which there will be a discussion “What’s it for?” about possible
applications – civic, community, commercial, and “outside the box” –
for a local top level domain.

What: ISOC-NY Event: dot nyc - How are we doing?
When: Saturday Apr 10 2010; 1pm-4.30pm (1700-2030 UTC)
Where: Warren Weaver Hall NYU Rm102, 250 Mercer St, NY 10012
Who: Public Welcome. Admission Free.
Webcast: http://livestream.com/isocny
Sponsor: ISOC-NY
Meetup: http://internetpro.meetup.com/51/calendar/13100813/ Facebook: http://www.facebook.com/event.php?eid=108703639164601

On October 6, 2009 the Electronic Frontier Foundation submitted a request to the U.S. Department of Justice (DOJ) for access to records concerning "use of social networking websites (including, but not limited to Facebook, MYSpace, Twitter, Flickr and other online social media) for investigative (crimiinal or otherwise) data gathering purposes created since January 2003...". The response from DOJ, date stamped March 3, 2010 states that "While processing your request we located one record totaling 33 pages. After careful review of this document we determined to release this item in part.". It goes on to explain that material being witheld from this one document, Obtaining and Using Evidence From Social Networking Sites, consists of work telephone numbers and e-mail addresses of DOJ attorneys..

Click here to download the document: OBTAINING AND USING EVIDENCE FROM SOCIAL NETWORKING SITES