February 1, 2011

AALL: Network Neutrality Update - January 2011

David Badertscher

Network Neutrality (Net neutrality) is a principle that expresses the concept that all Internet traffic must be treated equally regardless of possible economic and other incentives to do otherwise. The American Association of Law Libraries (AALL) strongly supports Net neutrality and is a member of Save the Internet Coalition and the Open Internet, both working to bring together individuals, non-profit organizations, businesses, and bloggers who strongly support this priciple.

As part of its leadership role in raising and clarifying issues related to Network Neutrality, AALL prepared a Newwork Neutrality Issue Brief, published in December 2008. Since that time there has been sufficient debate, discussion, rule changes (both actual and proposed), and litigation surrounding this issue to make it necessary for AALL to update its 2008 Network Neutrality Issue Brief, resulting the 2011 AALL Network Neturalty Issue Brief linked to below.

The updated AALL Network Neutrality Issue Brief (January 2011), was prepared by Ryan Saltz, AALL Government Relations Committee (2008-2010) and Ryan Harrington, Reference Library at Yale Law School under the auspices of the Government Relations Office and the Government Relations Committee, both of AALL. This update contains important current information and commentary on Network Neutrality and is recommended reading by all who have any involvement, no matter how minor, in internet related issues.

AALL Network Neutrality Issue Brief 2011 Update

For more information on the background of Network Neutrality see the posting "Network Neutrality: Some Background and Perspectives", posted August 20, 2010 on this blog.

February 1, 2011

Internet Society Statement on Egypt's Internet Shutdown

Source: The Internet Society Newsletter Volume 10 Number 1 January 2011.

On 28 January, Lynn St.Amour President and CEO, and the Internet Society Board of Trustees issued a statement on the Egypt's Internet shutdown:

"We are following the current events in Egypt with concern as it appears that all incoming and outgoing Internet traffic has been disrupted. The Internet Society believes that the Internet is a global medium that fundamentally supports opportunity, empowerment, knowledge, growth, and freedom and that these values should never be taken away from individuals.

"The Internet Society considers this recent action by the Egyptian government to block Internet traffic to be an inappropriate response to a political crisis. It is a very serious decision for a government to block all Internet access in its country, and a serious intrusion into its citizens' basic rights to communicate. If the blockage continues, it will have a very detrimental impact on Egypt's economy and society. Ultimately, the Egyptian people and nation are the ones that will suffer, while the rest of the world will be worse off with the loss of Egyptian voices on the net"

For the complete statement, see:


For a Q&A on the shutdown, its impact, and implications see:


November 15, 2010

The WWW at 20

November 12. 2010 is the twentieth anniversary of a research proposal that is remaking our world. As Ben Zimmer tells it in his November 14 On Language column, WWW: The 20th Anniversary of a Research Proposal That Remande the Language in the New York Times, Tim Berners-Lee, a British software programmer working at CERN outside Geneva, was attempting to "sketch out a global system for sharing information over the Internet. After submitting a document in 1989 on the topic which generated little interest, Berners-Lee tried again in 1990, collaborating with a Belgian engineer Robert Cailliau. It was this paper, WorldWideWeb: Proposal for a Hyper Text Project, submitted on November 12, 2010, that is the true basis of the World Wide Web as we know of it today. There are a number of articles, papers, and media events commemorating this seminal event, but for a quick read that is also informative, Mr. Zimmer's colum in the Sunday November 14, 2010 New York Times comes highly recommended.

David Badertscher

October 18, 2010

Leading Executives in the Legal Research Industry Join Bloomberg Law

Leading Executives in the Legal Research Industry Join Bloomberg Law

Lou Andreozzi and Larry D. Thompson to Lead Expansion of Bloomberg’s Web-Based Legal Platform

New York, October 18, 2010 – Bloomberg today announced that Lou Andreozzi has joined the Company as chairman of Bloomberg Law and Larry D. Thompson, PhD, has joined as chief operating officer. Andreozzi and Thompson will play key leadership roles in the growth of Bloomberg Law, the innovative real-time legal research system from the world leader in data and information services.

In his new role, Andreozzi will provide strategic leadership for Bloomberg Law aimed at driving the platform’s expansion in the legal research industry. He is widely recognized as a leader in the field of legal research, most recently serving as CEO of IQNavigator, Inc., and is a former CEO of LexisNexis North American Legal Markets.

Thompson will be responsible for the day-to-day operations of Bloomberg Law including go-to-market, sales, content, data and relationships. He most recently was Senior Partner with The Sterling Group 925 LLC, and formerly served as Senior Vice President at LexisNexis.

“Lou Andreozzi and Larry Thompson are among the top executives in the field of legal research and together they bring extraordinary strategic expertise and deep market knowledge to Bloomberg Law,” said Beth Mazzeo, head of Data Products for Bloomberg. “With the recent completion of our successful pilot phase, we are excited to move forward with Lou and Larry at the helm. It is a pleasure to welcome them to Bloomberg Law.”

“Bloomberg Law is breaking new ground in the world of legal research by bringing to lawyers, through the Web, the same innovative technology and analytics that set Bloomberg apart in the financial world,” said Andreozzi. “I am delighted to be part of the team that will take Bloomberg Law to the next level.”

“Bloomberg Law is a formidable product, and I am confident it will change the legal research playing field with its expertise in data, technology and its extraordinary financial news and business analysis,” said Thompson. “Bloomberg Law has the flexibility of a stand-alone product with access to Bloomberg’s world-class resources and delivered to the legal profession in an intuitive interface.”

Constantin Cotzias, who oversaw the successful launch of Bloomberg Law, is returning to London to be part of the senior leadership team in Bloomberg Europe, where he will head Government and Regulatory Affairs and government business development and strategy in Europe. Cotzias played a critical role in shaping Bloomberg Law’s development and the introduction of the platform to over 90 percent of the top 100 U.S. law firms.

In the newly created role, Cotzias will take advantage of Bloomberg’s presence in Europe to expand Bloomberg's Government Affairs division. He will help coordinate the Company’s government affairs efforts around the globe, and will help broaden Bloomberg's product offerings for government. Cotzias' team will monitor government initiatives and public policy development globally, assisting the business team and Bloomberg customers in assessing impact.

Andreozzi spent over 10 years at LexisNexis. As CEO of North American Legal Markets, his portfolio included some of the most prominent legal products and brands including the Lexis online service, Shepard’s, Matthew Bender, Martindale-Hubbell and lawyers.com. Prior to becoming CEO, Andreozzi was General Counsel of LexisNexis.

Most recently, Andreozzi has been serving as president and chief executive officer of IQNavigator, Inc., a leading provider of services spend management software and managed services, and will continue to play a leadership role in the company. He also served as CEO of Inference Data, a leading software-as-a-service provider of solutions for legal data analysis and review. He has been a strategic advisor for ValueAct Capital, The Carlyle Group and Bain Capital on large media and technology deals. Andreozzi is a graduate of Rutgers University and received his JD from the Seton Hall School of Law.

Thompson has more than 25 years of experience as an executive in the legal publishing field, 12 of them with LexisNexis where he rose to the position of Senior Vice President, Business Development, Strategy & Marketing and Global Chief Marketing Officer. Prior to that, Thompson was Vice President for Sales and Marketing at Shepard’s/McGraw-Hill. Most recently, Thompson was Senior Partner with The Sterling Group 925 LLC, a boutique consulting firm that works within legal and professional markets assisting with strategy, sales, marketing, and business development efforts. He received a PhD in Mass Media and an MA in Telecommunications from Michigan State University and a BA from Montana State University
For additional information see: Bloomberg Law Gets LexisNexis Experience by Monica Bay on LTN Law Technology News..October 18, 2010.

October 18, 2010

From the Offices of Lesley Ellen Harris

A New Bog:

Those of you who follow this blog will know that I occasionaly post Lesley Harris's excellent Newsletter The Copyright & News Media Law Newsletter, (latest issue posted below with permission) where she covers a wide range of topics from copyright and licensing to jobs for librarians. Although the Newsletter is by itself an ambitious undertaking, Leslie has now outdone herself by also launching a new blog, Copyrightlaws.com which, as you might expect, is about "copyright, licensing and digital property". I have been following the blog since she launched it a few months ago: it is a nice complement to her newsletter. I especially like the Questions and Answers feature. You can see the blog at http://copyrightlaws.com.

David Badertscher

The Copyright & New Media Law Newsletter
Vol. 14 No. 5 October 11, 2010.
ISSN 1489-954X


1. Studies, Legislation and Conventions
Inquiry on Copyright Policy
Report on Legal Implications of News Aggregation
The State of Recorded Sound Preservation Report

2. Legal Cases:
Vernor v. Autodesk Decision Overturned
Georgia State University Update
Beatles v. Beatles Lawsuit

3. Of Interest:
Looking for a Job in Copyright?

4. Seminars and Publications:
Write Your Own Copyright Policy
Webinar for Librarians, Publishers and Vendors

Copyright, New Media & E-Commerce News is distributed for free by the office
of Lesley Ellen Harris. Information contained herein should not be relied upon or
considered as legal advice. Copyright 2010 Lesley Ellen Harris. This e-letter may
be forwarded, downloaded or reproduced for non-commercial purposes provided
that you cc: lehletter@copyrightlaws.com.

This e-letter, from 1996 to the present, is archived with Library & Archives
Canada at http://epe.lac-bac.gc.ca/100/201/300/copyright/.


INQUIRY ON COPYRIGHT POLICY – The U.S. Patent and Trademark Office
is conducting a comprehensive review of the relationship between availability and
protection of online copyright-protected works and innovation in the internet
economy. Public comments are being sought by November 19, 2010. See

Berkman Center for Internet & Society published a white paper that discusses hot
news misappropriation and copyright infringement claims against news
aggregators. The paper also provides “best practices” for using online third-party
content. See http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1670339.

Council on Library and Information Resources and The Library of Congress
recently published this report. The report discuss various relevant intellectual
property issues. See http://www.clir.org/pubs/abstract/pub148abst.html.



Appeals for the Ninth Circuit has strengthened the position of copyright owners
who license their works that are in turn sold to others. The Ninth Circuit
concluded in Vernor v. Autodesk that an agreement is a license (and not an
assignment) where the copyright owner specified that the user is granted a license,
significantly restricts the user’s ability to transfer the work, and imposes notable
use restrictions. See http://caselaw.findlaw.com/summary/opinion/us-9th-

Federal District Court (Atlanta) has ruled on the cross motions for summary
judgment in the infringement lawsuit by three publishers against Georgia State
University. The case centers on the use of course readings for students via e-
reserves and the campus course management system. See judgment at

BEATLES V. BEATLES LAWSUIT – The Nevada-based Fab Four is suing
another Beatles tribute band, The Fab 4 of Colorado. The Nevada group is
claiming that the defendants are trading on their reputation and success and are
asking the court to stop the Fab 4 from using any trademark that sounds like “Fab
Four” and is also seeking monetary damages.


LOOKING FOR A JOB IN COPYRIGHT? – Job listings in copyright and
licensing (many for nonlawyers) are now listed at


WRITE YOUR OWN COPYRIGHT POLICY – October 18, 2010 is the start date
for the online course, Developing A Copyright Policy. This is an assignment-
based course in which participants draft a copyright compliance policy/guidelines.
Register at www.acteva.com/go/copyright.

9, 2010 is a free webinar on How Copyright Affects Librarians, Publishers and
Vendors. Register at
This is the prelude to the 7-course certificate in copyright
management offered by SLA and Copyrightlaws.com.

This newsletter is prepared by Copyright Lawyer Lesley Ellen Harris. Lesley is
the author of the books Canadian Copyright Law, 3rd ed. (McGraw-Hill), Digital
Property: Currency of the 21st Century (McGraw-Hill), Licensing Digital Content:
A Practical Guide for Librarians, 2nd ed. (ALA Editions), and A Canadian
Museum’s Guide to Developing a Licensing Strategy (Canadian Heritage
Information Network). Lesley edits the print newsletter, The Copyright & New
Media Law Newsletter. Lesley may be reached at www.copyrightlaws.com.

If you are looking for further topical and practical information about copyright
law, obtain a sample copy of the quarterly print or PDF newsletter, The Copyright
& New Media Law Newsletter, from editor@copyrightlaws.com.

October 14, 2010

Ethics and Social Media Use By Court Staff

Real world examples needed.I

am posting the following request for real-world examples of issues and problems regarding ethics and social media that have occurred in our courts as a service to all of us who really need access to this information. Please contact Norman Meyer directly if you have any helpful information. Congratulations to Mr. Meyer for taking on this project.

David Badertscher

Hello, everyone. I am beginning to draft an article for the National Association for Court Management's (NACM) "Court Manager" journal on the topic of ethics and the use of social media by court staff, and I would appreciate your help. In particular, I'm looking for real-world examples of issues and problems that have happened in our courts in this area. If you have anything to share in this regard, I'd appreciate it -- I intend to sanitize any examples to not reveal which court or person(s) may be involved, so don't worry about that. And, if you have any insights in general about social media use and how that relates to court ethics/Codes of Conduct, that would be useful to me, as well. Thanks in advance for any help you may provide me.

Norman Meyer
Clerk of Court
U.S. Bankruptcy Court
District of New Mexico

p.s. I am familiar with, and am using, the wonderful recent publication from the federal court AO's Office of the General Counsel, "Resource Packet for Developing Guidelines on Use of Social Media by Judicial Employees," so I do not need duplication of information contained there.

p.p.s. If you are not a member of NACM, I urge you to consider joining it as well. NACM is a great organization, with really good publications, educational opportunities, and networking with our peers. As a Past President of NACM, I know that it has been a tremendous help to me in my career. To find out for yourself, take a look at the NACM website: http://nacmnet.org/ (in particular, the "about us" page gives a nice summary of what NACM offers: http://www.nacmnet.org/about/index.html ), or I'd be happy to respond to any questions.

October 13, 2010

The Internet's Thee Principles

The New York Chapter of the Internet Society has just sent word that avideo of Alex Goldman's OneWebDay talk 'The Internet's Three Principles" is now available..

October 13, 2010

State of Telecom Conference: Matching Supply and Demand for the Next Generation of Broadband

The Columbia Institute for Tele-Information (CITI) "State of Telecom" conference will be held on October 15 at the Columbia University Business School, Davis Auditorium in theShapiro Center (just behind Uris Hall). This year’s focus will be on "Matching Supply and Demand for the Next Generation of Broadband." The conference will be a "Trans-Atlantic Dialog" co-organized with IDATE of France so the topic will be explored from a global perspective.

Details, including registration, may be found on http://www4.gsb.columbia.edu/citi/events/telecom2010

September 23, 2010

CLLB Information Security Newsletter

Volume 3 Number 9 September 2010.

September 2010

Detecting and Avoiding Fake Anti-Virus Software

From the Desk of David Badertscher

Your Computer Is Infected with Malware!

You may be familiar with this or similar messages appearing on a website, urging you to take action purportedly designed to clean your allegedly infected computer. Unfortunately, these messages are often scams that attempt to install malicious software (malware) onto your computer. Such software is referred to as rogue (fake) anti-virus malware, and the incidents are increasing. Last year, the FBI reported an estimated loss to victims in excess of $150 million from this type of scam[1][1].

How can my system get infected?

These types of scams can be perpetrated in a number of ways, including via website pop-up messages, web banner advertisements, spam and posting on social networking sites. Scams are also appearing via the use of “tweeting.” The rogue software scam generally uses social engineering to make the user believe his or her machine is infected and that by taking action (clicking on the link provided) the machine will be cleaned. If you click on the malicious link, you may be downloading malware onto your machine. The names of the fake programs sound legitimate, and often, in a further attempt to make the malware appear legitimate, the programs may prompt you to pay for an annual subscription to the service.

Some varieties of rogue anti-virus programs will also get installed on your machine without any interaction by you: your machine could be compromised just by you visiting a website with a malicious ad or code and you wouldn’t know.

What is the impact from rogue anti-virus software?

Rogue anti-virus software might perform many activities, including installing files to monitor your computer use, steal credentials, install backdoor programs, and add your computer to a botnet. The installation of malware could result in a high-jacked browser (i.e., the browser navigates to sites you did not intend), the appearance of new or unexpected toolbars or icons and sluggish system performance. Additionally, another concern related to rogue anti-virus software is the false sense of security you may have, erroneously believing your machine is protected by anti-virus software when in fact it is not.

What can I do to protect my computer?

Applying computer security best practices will help protect your machine and minimize any potential impacts.

1. Don’t click on pop-up ads that advertise anti-virus or anti-spyware programs. If you are interested in a security product, don’t try to access it through a pop-up ad; contact the retailer directly through its homepage, retail outlet or other legitimate contact methods.

2. Don’t download software from unknown sources. Some free software applications may come bundled with other programs, including malware.

3. Use and regularly update firewalls, anti-virus, and anti-spyware programs. Keep these programs updated regularly. Use the auto-update feature if available.

4. Patch operating systems, browsers, and other software programs. Keep your system and programs updated and patched so that your computer will not be exposed to known vulnerabilities and attacks.

5. Regularly scan and clean your computer. Scan your computer with your anti-spyware once a week.

6. Back up your critical files. In the event that your machine becomes infected, having backups of your important files will facilitate recovery.

NOTE: Regarding the above recommendations, many organizations have formal processes that automatically update and patch appropriate software, scan computers and perform file back-ups. In these cases, no end user action is necessary.

For more information, please visit:

Partial Listing of Rogue Security Software: http://en.wikipedia.org/wiki/Rogue_software

Free Security Checks: www.staysafeonline.info/content/free-security-check-ups

Malware: www.onguardonline.gov/topics/malware.aspx

Spyware: www.onguardonline.gov/topics/spyware.aspx

For more monthly cyber security newsletter tips visit:

The above information is from tips provided by the Multi-State Information and Analysis Center (MS-ISAC). To learn more about MS-ISAC go to http://www.msisac.org/ . This information is intended to increase the security awareness of an organization’s end users and to help them behave in a more secure manner within their work environment. While some of the tips may relate to maintaining a home computer, the increased awareness is intended to help improve the organization’s overall cyber security posture


The Data Liberation Movement
By Rob May
09/17/10 5:00 AM PT

Despite the advanced portability of data, the world's largest cloud computing vendors are fighting to lock their customers within their proprietary formats. But it does not need to be this way. Data liberation is a movement that is gaining momentum among enterprises and cloud vendors alike. These progressive businesses and consumers desire to control their data regardless of its location.


Database Security Survey by Oracle: Budget is Top Concern of Administrators
By Brian Prince on 2010-09-16

Database administrators have a busy job keeping up with the mountains of data being created and managed by enterprises every day. Unfortunately, security can sometimes get the short end of the stick on the list of IT priorities. In its annual survey, the Independent Oracle Users Group discovered many of the issues that database professionals confronted in 2010 are virtually the same as the issues they tackled in 2009. The survey, conducted by Unisphere Research, polled 430 data managers and IT professionals in the user group. The report found a numbers of problems in how databases are managed, including a lack of monitoring, encryption and user management. These issues impacted database environments both big and small. However, the good news is that the percentage of respondents whose IT security spending went up was greater in 2010 than in past years. So just where should enterprises spend their security money when it comes to databases? The answer is that help is needed in several areas. Here, eWEEK takes a look at what those areas are and how IT managers can deal with these issues.


Defuse the Data Breach Time Bomb

By Linda McGlasson. Agency Insider Blog of Banking Information Security, September 20, 2010.

It's the hidden data breach threat to which everyone has access, and it is probably very near your own office.
I'm talking about the ubiquitous printer, copier, and fax machine that everyone uses. It's also a ticking time bomb. Last week, the Federal Deposit Insurance Corporation issued new guidance on stopping this risk in the FDIC Bulletin, Guidance on Mitigating Risk Posed by Information Storage on Photocopiers, Fax Machines and Pronters (FIL-56-2010), September 15, 2010.

http://blogs.bankinfosecurity.com/posts.php?postID=716&rf=2010-09-23-eb Article.

September 17, 2010

Ten Ways IT Departments May Enable Cybercrime

Kapersky laboratories has produced a special whitepaper focused on how IT unknowingly enables cybercrime by giving cybercriminals access to systems and data through a series of misconceptions and false assumptions. To view this paper click on the link below:

Ten Ways IT Departments Enable Cybercrime

September 9, 2010

CLLB Information Security Newsletter

Volume 3 number 8 August 2010.

From the Desk of David Badertscher

Protecting Children Online.

What are the threats online?

Children are spending more of their time online than ever before. According to one study, 8-18 year-olds spend an average of 1.5 hours a day using a computer outside of school[1]. As use of the Internet and online technologies becomes more ingrained into our everyday lives, it is important we ensure that our youth understand how to use these powerful tools and how to protect themselves from becoming cyber victims. Children of all ages face online risks, including the following:

· Inappropriate Contact: Children may come in contact with individuals with malicious intent, such as bullies and predators.

· Inappropriate Content: Children may be exposed to inappropriate content while online, such as violent or sexually explicit material.

· Inappropriate Conduct: Children have a sense of anonymity while online and may do things that they would not do when face to face with someone.

· Identify Theft: Because of the perceived sense of anonymity online, children may post personal or identifying information that can then be used by identity thieves.

How do I keep my children safe?

There are steps parents, educators and others who work with children can take to help keep children safe on-line:

· Computer Location: Keep your computer in a central and open location in your home.

· Supervise Access: Supervise computer access for children and monitor the types of sites visited. Consider using parental control tools on your home computer. These tools are provided by some Internet Service Providers or are available for purchase as a separate software package. You may be able to set some parental controls within your browser. As an example, in Internet Explorer click on Tools on your menu bar, select Internet Options, choose the Content tab, and click the Enable button under Content Advisor. (For other browsers, contact the vendor to determine what parental controls are included.)

· Establish Rules: Create guidelines for computer use. Include the amount of time that may be spent online and the type of sites that may be visited. Post these rules near the computer.

· Personal Information: Teach children not to post or share personal information such as their photograph, address, age or activity schedule. Create a safe screen name that does not reveal personal information about the child.

· Web Filtering: Use web filtering software that restricts access to inappropriate websites and content.

· Communication: Maintain an open line of communication. Encourage children to come to you if they feel threatened online.

· Cyberbullying: Teach children not to respond to cyberbullies. Report incidents of cyberbullying to school administrators and local law enforcement when appropriate.

Here are some resources focused on protecting children online.

· NET CETERA: Chatting with Kids About Being Online: http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec04.pdf

· iKEEPSafe Internet Safety Coalition

· Netsmartz

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/

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


Free Webinar:Hacking Exposed Live! September 2010, 11:00 AM PDT / 2:00 PM EDT

Web 2.0: New avenues for blended attacks

In this FREE webcast, McAfee Senior Systems Engineer, Erik Elsasser will join Hacking Exposed co-author and McAfee Senior Vice President and General Manager, Risk and Compliance, Stuart McClure to analyze the stages of a blended attack. While today's blended attacks use a number of avenues including social media to deliver malicious payload, they often follow a similar pattern. In this webcast, they will discuss and demonstrate the attack stages

Click here to Register and obtain additional information.

Highlights:Strategic Security Survey: Global Threat, Local Pain
08/30/2010 Highlights of exclusive InformationWeek Analytics research as it appears in "Global Threat, Local Pain," our report assessing whether the high-profile infiltration of corporate networks worldwide (Google China leaps to mind) is forcing execs to reconsider their security strategies and pony up related resources

White Paper: Cloud Based Security Survey.

If you aren’t frightened by the changing threat landscape, you should be. Security threats are on the rise and cybercriminals are finding new ways to take advantage of Web ubiquity to scam users, breach personal information, and steal billions of dollars.

What needs to be done and how? This white paper concludes:

• The threat landscape is changing.
• Exsisting solutions are no longer enough.
• Large organizations need to join cloud-based security communities.

September 9, 2010

No Crackdown but Questions in Europe About Data Protection and the Cloud

By Alex Williams / September 4, 2010 11:18 PM*

German authorities have recently expressed skepticism about cloud computing and the potential it has for breaking data protection laws.

According to the Information Law Group, there is no imminent danger of a European crackdown, but legal experts are advising international companies to address these potential concerns in their planning and

To see complete article, click here.
* Source: Read Write Cloud Channel, Posted by Alex Williams, September 4, 2010.

September 9, 2010

New York: How Fast (Or Slow) Is Your Broadband?

Take a speed test:

According to a recent survey by the Federal Communications Commission (FCC), 4 out of 5 Americans have no idea what the speed of their Internet connection is.

The Center for Technology in Government (CTG) at the University at Albany is partnering with the New York State Office of Cyber Security (OCS) to collect actual broadband speeds from New York State residents. OCS has received funding to do carry this out through a grant from the National Telecommunications and Information Administration (NTIA).

New York State is asking residents to take a fast, simple broadband speed test. By taking the speed test at home, you will be getting real-time information about the quality of your broadband connection and better awareness about the speed you need to access content and services over the internet. You will also be supporting New York's effort to accurately map current broadband speeds across the state to help drive future policy decisions and funding. Better broadband means greater opportunities for all New Yorkers.

Let your speed be heard! The speed of our broadband directly impacts what we can do online. Let's join together to do more. Take the speed test at http://www.nyspeedtest.org

Note: We would like to know if any other states have similar programs.

Source: E-mail from NYLINK, September 9, 2010.

September 2, 2010

Digitizing the World's Laws: Authentication and Preservation

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

Publishers Note:

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 click here and enjoy reading the entire paper.

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).

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.

August 20, 2010

Network Neutrality: Some Background and Perspectives (Updated August 26, 2010)

David Badertscher


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)

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..."

August 16, 2010

CLLB Information Security Newsletter

Volume 3 Number 7 July 2010

July 2010


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/


Bandwidth Bandit - Symantec White Paper.

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.

July 1, 2010

CLLB Information Security Newsletter

Volume 3 Number 6 June 2010

From the Desk of David Badertscher

Home Personal Computer (PC) Maintenance for Windows Operating Systems

Why do I need to maintain my home PC?

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

How do I keep my home PC maintained?

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

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

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

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

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

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

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

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

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

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

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

Additional Tipa

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


What is Information Security?

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

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

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

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

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


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.


June 30, 2010

Developing an Addition to Your Blackberry in 13 Easy Steps

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

June 18, 2010

NISO Announces Six Recommended Practice Development Projects for Information Standards

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

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/
). 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

June 3, 2010

Murdoch On How to Get People to Pay for Content

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.