June 20, 2008

New ABA Publication: SCITECH e-Merging News

The ABA Section of Science and Technology Law has just published the first edition of SCITECH e-Merging News, an electronic newsletter to be published quarterly. See theTable of Contents for the first issue follow:

TABLE OF CONTENTS:

Practice Edge

BioBlurb

The Biotechnology Law Committee's weekly update publishes a roundup of hyperlinks to current legal, business, regulatory, and scientific developments in the industry.

read more...

Claiming Pitfalls in Bioinformatics Patent Applications

Analysis by category patent data from the USPTO shows that the number of patents issued for bioinformatics-related subclasses is relatively low. One explanation offered for this decline is "the relative difficulty of patenting bioinformatics innovations." This article provides practical suggestions to overcome this difficulty and thus to obtain meaningful IP protection for inventions in bioinformatics.

read more...

E-Tech Update

In this quarterly column, find coverage of Internet jurisdiction, IEE standards, RIAA lawsuits, and FISA and FOIA.

read more...

Judicial Neuroscience Seminar
Judges increasingly are confronted with cases – criminal and civil – that present issues at the frontiers of science and technology.
read more...

SciTech Standards Law Update

The Technical Standardization Committee's quarterly newsletter highlights relevant updates, news items and developments.
read more...

COLLEAGUE CONNECTION

Please click here to complete the on-line form to inform Section members about a change of employer, position or office. Section members may also share information about professional association appointments or leadership activity on boards. These colleague updates will be shared on a quarterly basis through the SciTech e-Merging News. The Section looks forward to keeping members connected through this communication.

read more...

Section News

Bylaws Revised

The ABA Board of Governors recently approved the Section's request to amended our bylaws in two ways.

read more...

Nominating Committee Report
The 2008-2009 Nominating Committee, chaired by Ruth Hill Bro, is pleased to announce the nominees for Section Officer and Council Positions for the 2008-2009 bar year.
read more...

Register Today for ABA Annual Meeting
The Section is pleased to invite you to all of the spectacular programs and events we have planned.
read more...

United Nations E-Contracting Convention
The Section Council voted to send a report with recommendation to the ABA House of Delegates urging the U.S. Government to ratify the United Nations Convention on the Use of Electronic Communications in International Contracts.

June 11, 2008

Microsoft's Top Ten Innovationss by James Rapoza

" Let's face it, during the reign of Bill Gates, Microsoft hasn't exactly been Xerox Parc when it comes to inventing and creating new technologies. For the most part, Microsoft has been content to buy or copy new technologies and focus on incremental improvements to its products. But that doesn't mean that Bill Gates and Microsoft weren't innovative. In the areas of business strategies and cutthroat competition, Microsoft has used a combination of unique and very effective innovations to make itself the dominant tech company of the PC era."

Microsoft"s Top Ten "Innovations"

April 25, 2008

The Future of the Internet and How to Stop It

Jonathan L. Zittrain has written an interesting, informative and innovative book titles The Future of the Internet: And How to Stop It. . I use the word "innovative" because the web version, which is available in full text at http://yupnet.org/zittrain/ incorporates added features to engage the reader.

To quote from his introduction:

"...The Internet’s current trajectory is one of lost opportunity. Its salvation lies in the hands of its millions of users. Drawing on generative technologies like Wikipedia that have so far survived their own successes, this book shows how to develop new technologies and social structures that allow users to work creatively and collaboratively, participate in solutions, and become true 'netizens.' "

"This is a collaborative experiment, which will depend on the intelligent participation of readers for its success. We invite you to join in and take part in this important conversation."

Although the complete book is availabe on the web in full text, interested readers are encouraged to purchase the print version to help support the ongoing efforts of Mr. Zittrain

April 24, 2008

Recent ABA Book Announcements

From the Section of Science and Technology Law:

Science for Lawyers
Eric York Drogin, Editor
http://www.abanet.org/abastore/productpage/5450051

Science for Lawyers clearly explains and discusses 13 applied scientific disciplines in jargon-free language that is specifically geared toward lawyers. The book explores the definitions (what is science), the practice (what scientists do) and the professional roles (what ethical guidelines influence scientists) of 13 professional disciplines such as:

* Ballistics
* Medicine
* Physics
* Statistics
* Linguistics
* Genetics
* Chemistry
* and more

The book is designed to reacquaint you in an accessible, highly readable fashion with the basic scientific issues you face in your practice every day. With dozens of photos, figures, graphics and artwork, the book covers these subjects in terms that are not only easy to understand, but fascinating to read. If you are a lawyer who is ever called upon to defend, proceed against, examine, cross-examine or even consult a scientist, this book is for you.

2008 7 x 10 347 pages paper
$129.95 regular price $119.95 Section of Science & Technology Law member price

Now with new reduced shipping rates!

To place an order, or for more information including a complete table of contents and sample chapter, click on http://www.abanet.org/abastore/productpage/5450051
or call the ABA Service Center at (800) 285-2221.


From the ABA Senior Lawyers Section:

Residence Options for Older and Disabled Clients
By Lawrence A. Frolik
http://www.abanet.org/abastore/productpage/5460044

Recent census figures report that more than 35 million Americans are age 65 or older. Medical and scientific discoveries have prolonged life expectancy, and this, in turn, has led to needs that are specific to older persons and their caregivers. One of the most pressing of these is the need for appropriate housing. This book is a comprehensive guide to the many different types of housing available for aging and disabled individuals. It starts with the most independent type of living, proceeds through transitional forms of housing and ends with an in-depth discussion of medically assisted housing. With this book you will learn not only about the various types of housing but the pros and cons of each.

Topics include:
* Condominiums and Cooperatives
* Planned Communities and Homeowner Associations
* Continuing Care Retirement Communities
* Assisted Living
* Group Homes for the Disabled
* Nursing Homes
* Hospice Care
* And more

So whether you are a lawyer, a financial planner, a geriatric case manager or a caregiver, this book will expand your knowledge of the various types of housing and will offer assistance in selecting the most appropriate place for a specific individual.

2008 6 x 9 416 pages paperback
$89.95 Regular price
$79.95 Senior Lawyers Division member price

The ABA now has newly reduced shipping rates!

To place an order, or for more information including a complete table of contents, click on http://www.abanet.org/abastore/productpage/5460044
or call the ABA Service Center at (800) 285-2221

April 17, 2008

Q&A: What is Virtual Law?

QUESTION:

What is virtual law?

RESPONSE:

"Virtual law is like 'Internet law,' in that it refers to a wide body of generally preexisting law that is applied somewhat differently in a new context. In fact, much of what we think of as 'Internet law' applies to virtual worlds. In sum, virtual law is the statutory and case law that impacts virtual worlds and the application of that law to these spaces."

READ MORE

________________________
Source: ABA: Inside Practice (April 2008).

April 10, 2008

Is Emerging 3-D Holographic Storage Poised to be the Next Great Archival Medium?

Writing in the April/May 2008 issue of State Tech: Technology Insights for Leaders in State and Local Government, Michele Hope concludes by writing: "Only time and a few real-world installations will tell." Here are some excerpts from Michele's article:

FROM THE INTRODUCTION:

"The first commercial holographic storage products are slated for release in mid-2008. With first-generation products boasting write-once, read many (WORM) characteristics, a lifespan of 50-pls years, initial disk capacities of 300 gigabytes per disk and a 20 magabyte-per-second data rate, proponents are aiming this technology at the long term archival needs of government entities, highly regulated health-care and medical organizations, and professional media and film industries

HOW WILL IT WORK?

"As opposed to traditional 2-D disks that write data only on the surface of the media, holographic storage supports writing data volumetrically, or three-dimensionally, throughout the whole depth of a disk."

"The technology turns data bits typically composed of zeros and ones into a unique dark/light 'checkerboasrd' inference pattern. A spatial light modulator and the intersection of two laser beams (a signal beam containing the data and a reference beam) help create the interference pattern, which records as a hologram onto a plastic photo-polymer disk.."

WHY 3-D HALOGRAPHIC STORAGE?

"At an initial price of 60 cents per gigabyte, you can expect to see most storage vendors include halographic storage in everything from virtual libraries to storage arrays. The potential 'green' factor of the technology is also intriguing: Early estimates suggest energy savings of 90 percent over traditional spinning disks."

" The anticipated terabyte-plus capacity has one state archivist thinking the technology might offer a good alternative to the practice of copying records onto microfilm for distribution to other locations" Due to the high data volume of these disks, this archivist believes this medium could be a "very viable and economical way to distribute some of this information to venues that may not have good internet access." As for law related applications I see a posibility of using this medium to store some high volume legal documents, including transcripts of large trials, which may not lend themselves to full web access due to confidentiality issues.

AGENCY ADOPTION

According to Dr. Victor McCrary who works with NIST's Digital Media Group, "For now, organizations with heavy data storage needs should watch these developments and consider adopting early holographic technology as a prototype test-bed to see how it works." He thinks 3-D halographic storage "...has very good potential. Digital preservation is an issue that will only get larger in importance and concern, particularly for any sort of agency--government or commercial--concerned about retention of important records."

HOW HOLOGRAPHY GOT ITS START

"Dennis Gabor, a Hungarian-born British physicist, came up with the theory of holography in 1948 while conducting research to improve the electron microscope. By combining two Greed words--holos meaning 'whole' and gramma meaning 'message' --he created the term 'hologram' to describe his theory."

March 19, 2008

ABA Book Publishing

SCIENCE AND TECHNOLOGY:


Virtual Law: Navigating the Legal Landscape of Virtual Worlds

By Benjamin Tyson Duranske

This book is an introduction to the emerging and intriguing world of virtual law. It examines current cases and legislation impacting virtual world providers and users, and makes predictions about the future application of current law. It addresses the application of intellectual property law (copyright, trademark, and patent), criminal law, property law, contract law, securities law, tax law, and civil procedure. The author provides clear and practical advice on how to create a virtual world presence for your practice or for your clients with virtual world connections. The book also includes extensive appendices listing in-world and web-based resources for practitioners and legal scholars.

Science for Lawyers


Edited By Eric Y. Drogin J.D., Ph.D.
Science for Lawyers clearly explains and discusses 13 applied scientific disciplines in jargon-free language that is specifically geared toward lawyers. The book explores the definitions (what is science), the practice (what scientists do) and the professional roles (what ethical guidelines influence scientists) of 13 professional disciplines.

With dozens of photos, figures, graphics and artwork, this book is not only easy to understand, but fascinating to read. If you are a lawyer who is ever called upon to defend, proceed against, examine, cross-examine or even consult a scientist, this book is for you.

e-Discovery: Current Trends and Cases


By Ralph C. Losey

From the basics of e-discovery, to chapters on metadata, ESI, ethical standards, and the new federal rules of civil procedure, readers of all levels of expertise will find useful information. This book includes in-depth, authoritative legal analysis and practical advice, not only explaining the legal issues, but also the technologies behind the issues. It is also the first book on e-discovery to include the opinions and analysis of many leading experts in the field, not just those of the author.

SPORTS:

The Little Green Book of Golf Law:
The Real Rules of the Game of Golf
John H. Minan

Author and Professor of Law, John Minan, has selected a total of nineteen cases to correspond to the typical eighteen holes played in a round of golf, plus one for the traditional nineteenth hole. Each chapter examines a different set of facts and involves an actual case involving golf.

The chapters explore a wide array of legal issues --Tiger Woods’ right of publicity, personal injury claims for negligence and products liability, contract disputes involving hole-in-one contests and golf cart rentals, a forfeiture claim under the Endangered Species Act, the Internal Revenue Service’s litigation against a taxpayer over tax deductions for golf expenses, patent and trade mark disputes, and more. In addition, each chapter identifies the subject matter and the official citation to the case in the chapter heading.

Violating “the law” of golf – as opposed to the rules that govern the game – can have serious consequences. You don’t have to be a lawyer to enjoy this book, which combines two great passions: law and golf.

CRIMINAL JUSTICE:

Street Legal: A Guide to Pre-trial Criminal Procedure for Police, Prosecutors, and Defenders
By Ken Wallentine

This 396-page book provides specific guidance on pre-trial criminal procedure of all sorts, and explains in understandable terms "what you can do and what you can't do" under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, it's all covered in this concise reference. In addition, numerous charts and guides are included throughout the book to make this as practical a guide as possible.

The consequences of a failure to properly understand and implement search and seizure can be too tragic to imagine. Make sure everyone involved with pre-trial criminal procedure in your organization is equipped with this thorough and understandable guide.

Product Code: 5090107
© 2007 7 x 10 396 pages Paper
Phone Orders: 1-800-285-2221


December 21, 2007

Internet Explorer 8 Beta Due in Mid 2008*

The following is an edited version of an article by Peter Galli, published on eWeek.com:.

December 19, 2007

By Peter Galli

Microsoft has finally started talking publicly about the next release of its Internet Explorer Web browser, and expects to deliver the first beta for IE 8 in the first half of 2008.

A Microsoft spokesperson declined to comment about the company's future plans for IE 7, particularly with regard to patches and updates, saying there was "nothing new to share at this time."

In a move the development team is citing as a milestone on its blog, it says that IE 8 in standards mode now correctly renders the "Acid2 Browser Test," which determines how well a browser works with several different Web standards.

"Showing the Acid2 page correctly is a good indication of being standards compliant, but Acid2 itself isn't a web standard or a web standards compliance test. The publisher of the test, the Web Standards Project, is an advocacy group, not a web standards defining body," Dean Hachamovitch, the general manager for the Internet Explorer team, said in the blog post.

While acknowledging the many kinds of Web standards, ranging from true industry standards to de facto standards, open standards, and others, Hachamovitch said the key goal was interoperability, so developers did not have to write the same site multiple times for different browsers.

"With respect to standards and interoperability, our goal in developing Internet Explorer 8 is to support the right set of standards with excellent implementations and do so without breaking the existing web … We must deliver improved standards support and backwards compatibility so that IE8 continues to work with the billions of pages on the web today that already work in IE 6 and IE 7 and makes the development of the next billion pages, in an interoperable way, much easier," he said.

Chris Swenson, director of software industry analysis at the NPD Group agrees, telling eWEEK that the IE 8 Acid2 test announcement is a big deal for Web developers as they will now have to spend less time tweaking their sites to work in multiple browsers.

While acknowledging that Acid2 "isn't the be-all and end-all test of compliance to Web standards, in fact some of its tests aren't even finalized yet," Swenson said it was a good test suite to check browsers test for compliance to some major, modern standards.

The announcement also had implications for the recently filed Opera antitrust lawsuit against the software maker, which said Microsoft needed to adhere to common Web standards. "Well, this announcement makes the Opera's suit look pretty weak. Clearly, Microsoft is committed to supporting many modern Web standards," he said.

There has also been much criticism about the deafening silence coming from the team with regard to the roadmap for Internet Explorer. Jurgen Altziebler, the interactive experience director for CoreBrand told eWEEK that IT managers need this information.

"The IE 7 team has been very quiet since the latest release. IT needs to know the roadmap for Internet Explorer, especially now where everything is about building smart, Web-based enterprise applications," he said.

In a reference to the criticism about the lack of public information, Hachamovitch said the team wanted to talk about facts rather than aspirations.

"We're posting this information now because we have real working code checked in and we're confident about delivering it in the final product. We're listening to the feedback about IE, and at the same time, we are committed to responsible disclosure and setting expectations properly," Hachamovitch said.

"Now that we've run the test on multiple machines and seen it work, we're excited to be able to share definitive information," he said.

NPD's Swenson also points to how far Microsoft has come on the Web development front, saying that IE 7 looks like a modern browser with modern features.

"Expression Web creates beautiful, standard-compliant code. With Expression Blend, Visual Studio, and XAML, you can create sexy, rich Internet applications. Silverlight has a streamlined and efficient download experience, a small footprint, and an amazing video codec that many Web developers are raving about," he said. "Granted, Microsoft still has a long way to go, but it really is amazing how far they've come in so short a time."
_____________________________

* To see article with added links, click here.


December 17, 2007

Synthetic DNA on the Brink of Yielding New Life Forms

Synthetic DNA on the Brink of Yielding New Life Forms

By Rick Weiss
Washington Post Staff Writer
Monday, December 17, 2007; Page A01

"It has been 50 years since scientists first created DNA in a test tube, stitching ordinary chemical ingredients together to make life's most extraordinary molecule. Until recently, however, even the most sophisticated laboratories could make only small snippets of DNA -- an extra gene or two to be inserted into corn plants, for example, to help the plants ward off insects or tolerate drought."

"Now researchers are poised to cross a dramatic barrier: the creation of life forms driven by completely artificial DNA....."

December 5, 2007

2008 Baseline Crystal Ball for Technology

A look at what the technology in 2008 as predicted by members of the editorial staff of Baseline:

2008 Baseline Crystal Ball
November 30, 2007

By Lawrence Walsh, Laton McCartney, Deborah Gage, Doug Bartholomew and Mel Duvall
Lawrence M. Walsh, Editor

Line of business managers and operations officers will wrestle more control of the IT purchase decision-making process away from IT, as they look for applications and technologies that increase the value of their business and open new revenue and profit opportunities. Reducing cost won't be enough to justify investments in new technology. Businesses will also look to extend the life of their existing infrastructure.

David F. Carr, Technology Editor

Virtualization adoption will continue to accelerate, but still only penetrate a fraction of the potential market. Some Microsoft-heavy enterprises will delay virtualization investments in anticipation of the new and improved Microsoft Virtual Server expected in late 2008. Variations on the virtualization theme will also begin to become more important on the enterprise desktop, particularly if vendors can make good on the promise to simplify desktop application management.

Deborah Gage, Senior Writer

In the wake of massive data compromises, such as the 94 million credit card records exposed by the TJX hack and the 26 million veterans' records exposed by the Department of Veterans Affairs policy violation, consumers and advocate groups will push for greater federal regulation that compels companies to better protect personal identifying data. Watch for national versions of California's SB 1386 data breach disclosure law and a federal version of PCI security mandates.

Doug Bartholomew, Senior Writer

Salesforce.com and NetSuite hacked out the trail for the software-by-the-rink concept. But now the big boys are on board-particularly SAP, with its September 2007 launch of SAP Business ByDesign. Aimed at companies with 500 employees or fewer, SAP's SaaS offering provides the flexibility to modify functionality as business grows and demands changes. With another year of less than 5 percent growth predicted for IT budgets, the SaaS model will expand rapidly in 2008.

Mel Duvall, Contributing Editor

The car insurance industry will take business intelligence to a new level by expanding "pay as you go" policies. Norwich Union has polices based on where, when and how policyholders drive. Safeco is combining the power of GPS technology with automated alert services to track where and how teenagers are driving, both for policy coverage purposes and parental control. The concept is akin to the targeted behavioral marketing being developed by Google, Yahoo and others. Watch for more services to follow in these models.


Laton McCartney, Contributing Editor

As regulations concerning carbon emissions and power grids increase, a rising number of corporations will have to transition to green data centers. Interactive marketing will grow at a compound rate of greater than 25 percent. And subprime lending problems will lead to major consolidation in the banking industry.

December 5, 2007

Technology Triumphs and Travails of 2007

"A Look at the best and worst of the years Technology implementations and innovations" as reported by Douglas Bartholomew et. al. in the November 30, 2007 issue of Baseline:

Triumphs and Travails of 2007
November 30, 2007

By Doug Bartholomew, David F. Carr, Ericka Chickowski, Mel Duvall, Deborah Gage, Laton McCartney and Lawrence Walsh

It's been a busy year in and out of the data center. Over these past 12 months, Baseline has explored the triumphs and travails of the technology world, the companies that use technology to their advantage, the challenges faced by enterprises and their IT practitioners, and, of course, the downfalls of those who missed the digital mark.

To mark the completion of another trip around the sun, Baseline recounts the best and worst of 2007 through the eyes of our intrepid staff.

The Upside ...

Through November, crude oil prices flirted with the dreaded $100-per-barrel milestone, fueled by ever increasing global demand. The skyrocketing cost of electricity to power and cool energy-hungry servers got many enterprises rethinking their data center and computing strategies.

As Baseline reports this month (see CIO Power Report, p.54), agro-chemical giant Monsanto put power conservation front and center when it decided to build a new 20,000-square-foot data center at its St. Louis headquarters. The use of virtualization technology and innovative building design cut power consumption by 20 percent and reduced the company's need to add more hardware to meet its insatiable computing demands.

Energy conservation and cost reduction was a huge driver behind the VMWare IPO, which raised more than $1 billion on the company's Wall Street debut. Traders' demand for this new stock shows the confidence investors have in the technology-a reflection of enterprises' growing demand.

Technology vendors lead the way toward improving the environmental impact of data centers and computing devices. This year saw the establishment of the Green Grid, a consortium of vendors including AMD, APC, Dell, Hewlett-Packard, IBM, Intel, Microsoft, Sun Microsystems and VMware, collaborating to make data centers more efficient. IBM's Think Green initiative and the Schneider Electric Technology Center are also searching for ways to minimize IT environmental impact. IT managers are realizing the benefits of going green, in terms of both cost savings and corporate responsibility, and this year saw action on their part to buy more energy-efficient equipment.

Pacific Gas and Electric expanded its effort to encourage energy conservation by offering rebates and cost-saving incentives to companies that deployed energy-saving virtualization software or upgraded to power-efficient servers.

But power isn't just about oil and electricity. Google continued to flex its market and technology muscle, and is now one of the five most valuable U.S. companies with a market cap greater than $217 billion. For those keeping score, that's more than IBM or Hewlett-Packard, and just $100 billion shy of Microsoft. Not bad for a 10-year-old company.

Google threatened old-guard technology companies in 2007 with a series of moves that may make it the most powerful IT company ever. Last spring, it unveiled Google Gears, a project designed to make its free Web-based applications work offline (hello, Microsoft Office). It made significant security acquisitions-Green Border (Web browser security) and Postini (e-mail security services)-wake up Symantec and McAfee. And this fall it announced efforts to expand apps and targeted marketing to cell phones and mobile devices (knock-knock, telecom). If that wasn't bad enough, Google is also the lead contender for the old UHF spectrum, which could give it the ability to launch a nationwide Wi-Fi phone network.

Google continues to surprise and outpace the technology stalwarts, but its rivals aren't taking the threat lightly. Microsoft did beat Google for a share of Facebook, which is rapidly becoming the social network of choice. And Yahoo, as Baseline reported in November, is rapidly developing new technologies, tools and marketing models to compete against the search giant.

Despite Google's dominance, hats off to the plethora of innovative search engines that are winning in their niches. GlobalSpec, a search site devoted to engineers, has carved out a loyal following of 3.6 million registered users. Lesson: Focus on what you're good at, serve your market well and you will succeed.

Google painting a target on the wireless world may threaten the traditional telecos, but everyone is playing catch-up with Apple and its iPhone. The debut of the iPod on steroids that can phone home as well as play the latest Fallout Boy single proved once again that Apple's strategy for focusing on the user experience and ease of use wins the day. Even better for Steve Jobs & Co. is the iPhone's sale drag; Apple's share of the PC and notebook market continues to climb.

Even as HP jockeyed ahead of Dell for the lead in notebook and PC sales, IBM debunked the myths that mainframes are dead. Big Blue released two new mainframes this year, which provided a healthy 10 percent boost to its topline revenue. IBM has been teaming with businesses to help them not only use mainframes for conventional purposes, but to innovate with them. One shining example of this is Hoplon Infotainment, a Brazilian video gaming company that uses mainframes instead of servers to run its online gaming applications. Just like mainframes, social networking and virtual worlds also seem to be here to stay. As Baseline reported in March, Second Life has made an indelible mark on the concept of 3D virtual worlds as a means for commerce and business as much as for connecting enthusiasts for everything from Star Trek and badminton to astrophysics and mythology.

Some may dismiss Second Life and similar "worlds" as passing flights of fancy for graduates of Worlds of Warcraft, but the concept of the 3D Internet is making steady progress. Progressive Insurance has trained more than 4,000 claims adjusters in a virtual environment provided by Proton Media. Second Life, leader of the virtual universe, has attracted major companies such as American Apparel, AMD, Cisco Systems, Dell, Sun Microsystems and Toyota. Where is all this going? If IBM, Sun and Cisco have their way, the walls between Second Life and its peers will come down and create a vast 3D version of the Internet in the next five to seven years.

Virtual worlds are just one of many examples of social network platforms, of which the more mainstream models showed no signs of slowing down this year. Facebook and MySpace announced plans to expand their advertising engines, sparking the next wave of targeted Web advertising. Even public CRM apps LinkedIn and Plaxo showed signs of expanding beyond their origins as Web-based Rolodexes. Is social networking truly ready for business? If it isn't, it will be soon. Some say content is dead and the world is all about connectivity. If that's the case, social networking may soon evolve from a connection tool to the actual platform for conducting business.

Even the best laid plans run afoul, especially in the world of technology and businesses that rely on IT to conduct business. This was a banner year for examples of how things can go terribly wrong when technology fails, implementation projects turn bad or IT management takes its eye off the prize.

Each year brings a new record for the size of a security breach that exposes personal data to would-be thieves and miscreants. In 2005, it was the loss of a Bank of America backup tape that contained the payroll information of 2 million federal workers. In 2006, it was the Veterans Affairs stolen laptop containing 26.5 million records of every active and inactive soldier, sailor and pilot since 1975. And this year TJX, parent company of retailers TJ Maxx and Marshalls, outdid them all with a breach initially pegged at 45.6 million credit card records and later revised up to the vicinity of 94 million. Credit card processors and banks are slugging it out with TJX in court over damages, but so far no state or federal lawmaker has stepped up to propose new controls to slow the escalating pace of identity theft and corporate breaches.

Perhaps one of the reasons the feds haven't enacted new laws to control identity theft is that they're having a hard enough time controlling passports. When the U.S. required passports for entering and exiting Mexico and Canada, it forced 17.5 million Americans to acquire a passport. Unfortunately, the new processing center could only handle 150,000 applications a month, causing a six to 12 week backlog. The feds are still digging out of the hole.

Passports and credit card breaches are big problems, but an even bigger IT problem may be looming for state and federal officials as the presidential election season draws near. Reports are beginning to surface about worms and phishing scams masquerading as presidential messages and appeals for support.

If that wasn't bad enough, the perennial problem of electronic voting machine security is resurfacing. California's Secretary of State reported in July that three of the state's e-voting systems, including those in four heavily populated southern counties, can be easily hacked, potentially compromising millions of votes. A team of experts penetrated both the physical and software security of every e-voting system they tested, including machines built by Diebold, Hart InterCivic and Sequoia.

Speaking of California, you'd have thought Kiefer Sutherland's Jack Bauer in Fox's hit show 24 had shut down Los Angeles International Airport for security's sake, but it was just a wireless card that decided to go haywire, stranding tens of thousands of international passengers at one of the world's busiest airline terminals in August. The ensuing meltdown of a U.S. Customs and Border Protection system caused 17,000 arriving passengers to be stuck on planes for hours and stranded another 16,000 departing passengers at their gates.

Few will forget the Valentine's Day snafu that besieged JetBlue. Foul weather wreaked havoc first with the airline's flight schedule, which overloaded its computer network and exacerbated the traffic flow problems. Without accurate information for adjusting flights and routing plans, JetBlue was quickly paralyzed and thousands of passengers were stranded. Some passengers sat in their planes on the tarmac for as long as 11 hours. The incident fueled calls for a passenger bill of rights and caused airlines to adjust their flight delay policies to guard against similar PR nightmares.

Ironically, the failure of software intended to improve aircraft design and manufacturing was behind the $6 billion setback suffered by Airbus and the delayed launch of the massive double-decker Airbus 380. Design and engineering teams were using different versions of Dassault Systemes' product lifecycle management software, which caused discrepancies in measurements for critical aircraft components. Initially, the design problems were good news for rival Boeing, which was racing forward with the production of its new Dreamliner 787. However, Boeing suffered a similar setback; supply chain and software integration issues forced the American aircraft company to delay delivery of the first 787 until late 2008 and put the rest of its aggressive production schedule in jeopardy.

Some things are more important than flight schedules and making money, such as preserving human life. Kaiser Permanente, the nation's largest health maintenance organization, shut down its new kidney transplant center in San Francisco in 2006 after a whistleblower tipped state and federal regulators about the center's problem: Twice as many patients had died waiting for kidneys as had received transplants. Last July, California fined Kaiser $3 million for failing to address patients' complaints about the transplant program. Kaiser had incomplete, paper records on many patients and had trouble transferring data to the United Network for Organ Sharing (UNOS), which maintains a national database of patients and available organs. Information on some patients was temporarily lost.

Finally, the disappointment of the year goes to the Recording Industry Association of America, which finally won a lawsuit against an individual for illegally downloading copyrighted music. The group won a $220,000 judgment against Jammie Thomas, a single mother and low-income Native American.

Many technologists are lamenting the proceedings, claiming Thomas' lawyer didn't understand the technology enough to mount a legitimate defense. The RIAA, though, is taking most of the PR heat, given the disproportionate size of the award.

Baseline staff and contributors Lawrence M. Walsh, David F. Carr, Deborah Gage, Doug Bartholomew, Mel Duvall, Laton McCartney and Ericka Chickowski produced this report.


October 17, 2007

California Law Bans Forced RFID Tagging

From: E-Week.com, October 15, 2007

October 15, 2007

By Renee Boucher Ferguson

It's illegal now for California employers to force anyone to have an RFID device implanted under his or her skin as a condition of receiving something—such as a paycheck or government benefits. Gov. Arnold Schwarzenegger signed Senate Bill 362 on Oct. 15, prohibiting the forced implantation of RFID (radio-frequency identification) chips. The bill, authored by state Sen. Joe Simitian (D-Palo Alto), will go into effect on Jan. 1, 2008.

The anti-tagging bill, now a law, is not the first piece of privacy-based RFID legislation authored by Simitian to pass the governor's desk. A little more than a year ago Gov. Schwarzenegger quietly vetoed SB 768, also known as the Identity Information and Protection Act of 2006, which would regulate the use of RFID in state and local documents.

At the time, the bill was thought by many to be a call for other states to enact similar legislation. But when that effort failed, so did the hopes that California's actions would spur additional state legislatures to address RFID-related privacy concerns.

In the wake of the 2006 veto, Simitian took the next feasible step. He broke the Identity Information and Protection Act into smaller bits and shipped them off to the legislature as five separate bills. SB 362 is the first of those smaller bills to see the light of day, and it could have positive implications for the remaining four RFID bills trundling through California's legislative process.

"With the signing of SB 362, California has taken an important first step in crafting legislation to properly balance the potential benefits of RFID technology while safeguarding privacy and security," said Nicole Ozer, technology and civil liberties policy director at ACLU of Northern California, in San Francisco. "We are pleased that the governor has stood up for the privacy and security rights of Californians and not allowed these rights to be 'chipped' away by inappropriate uses of RFID technology."

"When there are 2,800 bills that move through the system in a year, the governor has hundreds and hundreds of bills come at the end of the session. Sometimes it's helpful to narrow the issue a bit; that helps to force the question," Simitian said. "We were at a bit of a disadvantage last year with a broader, more comprehensive package, with a technology that the administration is largely unfamiliar with and not the time to give it careful consideration. When in doubt, the veto falls."

Simitian said that taking the issues and breaking them into more manageable, bite-sized pieces makes it easier to focus on the fundamental privacy implications of RFID.


The additional four bills—SB 28, 29, 30 and 31—address different aspects of RFID implementation and use. SB 28 calls for a three-year moratorium on the use of RFID in state driver's licenses.

SB 29 would put a similar three-year moratorium on the use of RFID in K-12 student identification cards. SB 30—really the meat in Simitian's efforts—looks to mandate security and privacy provisions in RFID-chipped ID documentation required by state and local governments. The bill would do two things: require that people be informed when the technology is present and spell out what citizens can do to protect their privacy.

The bill also imposes technological requirements that amount to password protection and, in cases where personal information—such as HIV-positive status or a telephone number—is present on the chip, encryption and mutual authentication technologies have to be utilized. SB 31 imposes criminal charges for skimming and unauthorized access to tags and the disclosure of codes that are in the encryption process.

The remaining bills are awaiting action when the legislature reconvenes in January, according to Simitian.

Not everyone supported SB 362. Simitian said he was not able to garner any industry support for the bill; manufacturers and technology trade associations balked at backing it.

"I really did think it was both unfortunate and regrettable that we couldn't get any industry support on this bill," Simitian said. "While we did not have any formal opposition, we did have behind-the-scenes efforts to derail the bill by one manufacturer."

Click here to read about why RFID is only slowly catching on for industrial use.

While several industry consortiums, such as the AEA (American Electronics Association), HID Global and ITAA (Information Technology Association of America), oppose Simitian's 2006 bill, a group that's organized itself under the rubric of AEA seems the most vociferous—or at least the most well-appointed.

The High-Tech Trust Coalition is made up of some of the biggest players—technology companies, manufacturers, standard-setting bodies—in the RFID industry, including AIM Global, EDS, EPCGlobal, ITAA, Kimberly-Clark, National Semiconductor, Oracle, Texas Instruments, Symbol Technologies and Phillips Technologies.

Roxanne Gould, senior vice president for California Government and Public Affairs with AEA, said that while the AEA is not opposed to California's new law preventing forced tagging of individuals, the group is opposed to Simitian's remaining bills. "We had no position on 362. But we don't agree with any effort that unfairly demonizes technology," said Gould, in Sacramento.

"Technology is not inherently good or evil; it is how it's used. We don't agree that anyone should be forced to use a chip. But at the same time there are uses where subcutaneous chips are highly useful—with Alzheimer patients or diabetes. Just because someone is chipped, we don't agree that it's bad; we don't have a problem with the forced part. But we are opposed to the other bills that are still in play."

While Simitian began looking into the use of RFID in government-issued documentation after an elementary school in Sutter, Calif., required its students to wear identification badges that contained RFID tags, it was really video surveillance company Citywatcher.com that spurred the current anti-implementation law.

In 2006 Citywatcher.com required employees working in its secure data center to be implanted with RFID chips. Simitian said he figured it would only be a matter of time before others followed, particularly with state and local governments moving toward RFID-embedded identification documents.

"The issue that kept cropping up with people we spoke with was that while RFID is wonderful for identifying a particular document, they can be easily exchanged or passed from one person to another," Simitian said. "The concern I've had is I think there is an underlying pressure to go to implantation given the shortcomings and limitations of [RFID] documentation. The public wants us to get out in front of these potential privacy problems."

In 2004, the Food and Drug Administration approved a human-implantable RFID chip that is manufactured by VeriChip. So far, VeriChip has chipped about 2,000 individuals.

October 10, 2007

The Scitech Lawyer

Volume 6 Issue 2 FALL 2007 Section of Science & Technology Law American Bar Association

The SciTech Lawyer is published quarterly as a service to the members of the Section of Science & Technology Law of the American Bar Association. It endeavors to provide information about current deevelopments in law, science, medicine and technology that is of professional interest to members of the Section.

TABLE OF CONTENTS:

2. LETTER FROM THE CHAIR. "The first column from the Section of Science & Technology new chair. BY Gilbert F. Whittmore.

6. E-DISCOVERY: A Practical Approach. "New amendments to the Federal Rules of Civil Procedure mean that legal professionals can no longer ignore the broader implications of e-discovery. The author recommends creating an electronically stored information hold system and details seven steps for creating a discovery response team with your client. BY Douglas W. Kim.

12 E-DISCOVERY: Aligning Practice with Principles. " E-discovery in practice has taken on a life of its own beyond the intent of new amendments. This asrticle discusses those specific areas where the practice of e-discovery appears to have diverged from fundamental principles and three relatively uncharted areas where fundamental principles should guide the practice going forward." BY Sarah Michaels Montgomery.

16 E-DISCOVERY CHALLENGES AND TECHNOLOGIES: The IT Guy's Perspective. "The nature and scope of discovery has changed dramatically because of electronically stored information, and the cost associated with it, varies significantly depending on its format and the technologies available to retrieve it. BY Andrew Bowden.

20 SPOLIATION OF DIGITAL EVIDENCE: A Changing Approach to Challenges and Sanctions. "After the Zubulake decision, businesses now have a duty to preserve electronic evidence or face sanctions. This article discusses the obligations of this decision for businesses, including forensic and antiforensic software to assist in managing data. BY Steven W. Teppler.

26 CPO CORNER: Stan Crosley "An interview with the CPO of Eli Lilly and Company. BY Ruth Hill Bro.

30 B-TECH UPDATE. "In this quarterly column, find coverage of Genasense injection therapy, hybrid embryos, cander-fighting vegtables and encapsulated DNA." By Calhoun "Reb" Thomas III.

32 E-TECH UPDATE. "In this quarterly column, find coverage of the Linux ownership dispute, Internet radio royalties, spam registry litigation, and improper IP licensing. BY Robert Bauer.

34 SCITECH PROFILE: Q&A with Melissa Ince. "An interview with the Section's new Cochair of the Public Health, Environmental Law and Prepardness Committee." BY Shiv Naimpally.

September 25, 2007

Expanding Digital Universe: A Forecast of Worldwide Information Growth Through 2010

EMC Corporation has sponsored a very ambitious, groundbreaking study that attempts for the first time to measure and forecast the amounts and types of digital information created and copied throughout the world, and whether it is generated by indivuals or buisnesses. The findings of this study could have significant implications for individuals, businesses, information professionals and society as a whole and thereby provide useful insights to librarians and other information professionals.

The basic findings of this Study have been summarized as follows:

The 2006 digital universe was 161 billion gigabytes (161 exabytes) in size.

IDC projects a six fold annual information growth from 2006 to 2010.

While nearly 70% of the digital universe will be generated by individuals by 2010, organizations will be responsible for the security, privacy, reliability and compliance of at least 85% of the information.

Images – Images, captured by more than 1 billion devices in the world, from digital cameras and camera phones to medical scanners and security cameras, comprise the largest component of the digital universe.

Digital Cameras – The number of images captured on consumer digital still cameras in 2006 exceeded 150 billion worldwide, while the number of images captured on cell phones hit almost 100 billion. IDC is forecasting the capture of more than 500 billion images by 2010.

Camcorders – Camcorder usage should double in total minutes of use between now and 2010.

E-mail – The number of e-mail mailboxes has grown from 253 million in 1998 to nearly 1.6 billion in 2006. During the same period, the number of e-mails sent grew three times faster than the number of people e-mailing; in 2006 just the e-mail traffic from one person to another – i.e., excluding spam – accounted for 6 exabytes.

Instant Messaging – There will be 250 million IM accounts by 2010, including consumer accounts from which business IMs are sent.

Broadband – Today over 60% of Internet users have access to broadband circuits, either at home, at work or at school.

Internet – In 1996 there were only 48 million people routinely using the Internet. The Worldwide Web was just two years old. By 2006, there were 1.1 billion users on the Internet. By 2010, IDC expects another 500 million users to come online.

Unstructured Data – Over 95% of the digital universe is unstructured data. In organizations, unstructured data accounts for more than 80% of all information.

Compliance and Security – Today, 20% of the digital universe is subject to compliance rules and standards and about 30% is potentially subject to security applications.

Classification – IDC estimates that today less than 10% of organizational information is “classified,” or ranked according to value. IDC expects the amount of classified data to grow better than 50% a year.

Emerging Economies – These now account for 10% of the digital universe but will grow 30-40% faster than mature economies.

For law librarians it would be interesting if in updated versions of this Study EMC Corporation could include factors related to the authentication of information in digital formats

Much of the data contained in this Study is highly revevant to librarians, especially those librarians and other administrators responsible for planning and policy development related to library organization, collection development (including virtual collections), and adapting library services to accodate emerging technologies.

To download either the complete paper or the executive summary, click here and select the appropriate file.