A Legal Analysis of Reed Elsevier, Inc. v, Muchnick
March 18, 2010
CRS Report No. R40944; 3/18/2010; Posted 4/5/2010 Author(s): Brian T. Yeh, Legislative Attorney Subject(s): Intellectual Property
A Legal Analysis of Reed Elsevier, Inc. v, Muchnick
March 18, 2010
CRS Report No. R40944; 3/18/2010; Posted 4/5/2010 Author(s): Brian T. Yeh, Legislative Attorney Subject(s): Intellectual Property
On October 6, 2009 the Electronic Frontier Foundation submitted a request to the U.S. Department of Justice (DOJ) for access to records concerning “use of social networking websites (including, but not limited to Facebook, MYSpace, Twitter, Flickr and other online social media) for investigative (crimiinal or otherwise) data gathering purposes created since January 2003…”. The response from DOJ, date stamped March 3, 2010 states that “While processing your request we located one record totaling 33 pages. After careful review of this document we determined to release this item in part.”. It goes on to explain that material being witheld from this one document, Obtaining and Using Evidence From Social Networking Sites, consists of work telephone numbers and e-mail addresses of DOJ attorneys..
Click here to download the document: OBTAINING AND USING EVIDENCE FROM SOCIAL NETWORKING SITES
House Democrats are reported to be making a final push this weekend to pass health care legislation. To that end a nearly final version of a bill, along with a report on the bill’s cost by the Congressional Budget Office, was unveiled yesterday. A final showdown regarding this legislation is expected this Sunday March 21.
As part of our series of postings regarding efforts to overhaul the health care system in the United States we are making the following documents accessible:
Posted by : Joni L. Cassidy, Cassidy Cataloguing Services, Inc. 3/17/10
DEFINITION OF TERMS:
OCLC WorldCat – the union database of bibliographic and authority records contributed by member libraries, the Library of Congress, the National Library of Medicine, the National Agriculture Library, the U.S. Government Printing Office and several other national libraries from around the globe. Records are accessible to all OCLC members.
Udated March 17, 2010.
On Tuesday March 16, 2010 the U.S. Federal Communications Commission (FCC) announced a proposal to overhaul the U.S. broadband* policy by introducing a plan that would provide higher speed internet access and much faster internet connections thoughout the U.S. than are presently available. The plan sets a goal of connecting 100 million U.S. households to broadband connections of 100 megabits per secondf, at least 20 times faster than most home connections now, by 2020.
The plan also calls for every american conmunity to have at least one “anchor” institution, such as a school, library, or hospital that has ultra high speed internet access. The FCC defines ultra high speed in this eontext as at least a gigabit per second, 10 times faster than the 100 megabit per second envisioned for home connections.
On March 10, 2010 New York Lieutenant Governor Richard Ravitch released a fiscal reform plan which calls for a five-year plan to eliminate the State’s structural imbalance and introduces a process by which annual budget balance is mandated, minitored and maintained. The plan calls for up to $2 billion in borrowing for the next three years and a financial review board consisting of five members, one each from the Assembly and the State Senate, two appointed by the Governor and one appointed by the New York State Comptroller.:
In an earlier posting on November 5 , 2009 we reported that on November 3, 1909 the criminal court building in Manhattan (bounded by Centre, Lafayette, Franklin, and White Streets) was declared unsafe for human occupancy and everyone in the building at the time was ordered to leave immediately. When the last man was out a squad of thirty policemen took charge of the building, roping it off on all sides and remaining on guard outside the building to forbid anyone to enter or even pass through any of the flanking streets”.
On March 2, 2010 for very different reasons the present criminal court building in Manhattan was evacuated due to smoke and water damage caused by an electrical fire in the basement.. When the last people were out, policemen, firemen and court officers took charge of the building and for a time did not permit anyone to enter the building except for business related to coping with the emergency situation..
As noted earlier there were many differences in the two events. By most accounts the old criminal courts building was in very poor condition by 1909. The present Criminal Courts buiilding is perfectly safe and in good condition with lingering smoke and other residual damage from the fire causing the building to remain closed until March 8.
You may have noticed that we have not posted anything about health care for awhile. Other topics have intervened but the health care debate keeps coming back. We are actually glad because for many of us health care reform in the United States is one of the paramount issues of our time.
The New York Times has been doing a good job keeping concerns about helth care alive through its ongong list of articles and editorials telling us what is happening and where they think we might be going. Here are links to a few:
Editorial:
Two days ago I posted information on this blog related to the New York Court of Appeals decision (Maron v. Silver, 16 ‘ Larabee v. Governor, 7 ; Chief Judge v. Governor, 18) addressing judicial compensation in that state within the framework of separation of powers. Today I have learned that the State of Connecticut is also confronted with separation of powers issues related to its judiciary. These issues relate at least in part to the unilateral reduction of Other Judicial Expense line items (where the law libraries are placed) by the Office of Policy and Management (Executive Branch) after the initial budget allocations have presumably been agreed upon.
Of special concern to many readers of this blog is the severe negative impact these judicial line item reductions are having on judicial law libraries in the State of Connecicut, as indicated in testimony of the Connecticut Chief Court Administrator to the Appropriations Committee included in this post and by the many expressions of concern among Connecticut citizens as reported elsewhere.
The Chief Court Administrator of Connecticut, Judge Barbara M. Quinn has argued before the Appropriations Committee on February 9 that the unilateral reduction of Other Judicial Expense line items by the Executive Branch infringes on the Separation of Powers and can be remedied by OPM simply transmitting the Judicial request unchanged to the legislature. Two sections of Judge Quinn’s testimony are especially important and are highlighted below in this posting. The section on Law Libraries which highlights the importance of law libraries in Connecticut to both the Judiciary and the public has relevance both in Connecticut and throughout the nation. A second part of Judge Quinn’s testimony highlighted below is her statement on “Concurrence in Allotment Reductions and Rescissions,” which frames the issue nicely.
The webcast of Eben Moglen’s speech ‘Freedom in The Cloud’ is proving to be one of most popular ever, and has received over 20,000 hits representing about a 1000 views since Feb 14. In the talk Eben challenges the tech community to provide the public with the means to recapture its privacy from social media/cloud juggernaut through the development of personal social media servers operating in a robust distributed network.
Note that free DVDs of this talk are available to libraries,
educators, and other interested in running screenings – email dvd@isoc-ny.org and ask for DVD1710.