Articles Posted in Commentary and Opinion

The following is from an article by Margaret Locher, published in the November 26, 2007 issue of CIO Insider. We especially call your attention to item 2 where she discusses the importance and usefulness of blogs in research:

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Professional librarians and researchers will tell you that the Web has many unexplored opportunities for finding more information on business topics. Pursue these six techniques to improve your research results:

As part of its mission, OCLC a worldwide library cooperative prepares in depth studies and topical surveys of issues and trends of interest and concern to all types of libraries, including law libraries. One of their latest reports addresses the topic of sharing, privacy and trust in our networked world .

Although this report was prepared primarily for OCLC member libraries the topic being addressed is of obvious importance to all of us, regardless of occupation, who are working in this highly interractive world of networks and are confronted daily with the necessity of reconciling matters related to information sharing, information security, and privacy. Recognizing this importance we are posting the entire document below. Since it is quite large we have created three links for your convenience. The first links only to the Introduction, the second only to the Conclusion, and the third links to the complete report in pdf format.

The report is divided into 15 sections including the following:

On October 18, 2007 a coalition of major media and technology companies released a set of guidelines designed to halt online piracy. Media companies involved include CBS, NewsCorp, Fox Enertainment Group, NBC Universal, Viacom Disney, and MySpace. Google was notable absent from the list. A You Tube spokesperson who asked not to be named said that Google had talked to Disney and You Tube about the guidelines but decided not to join the group out of concdrn that ‘ “industry-wide mandates would stifle innovation’ “. I

In a posting on LEXOLOGY by four attorneys from Arent Fox LLP “…The joint collaboration aims to eliminate infringing content on services providing user-uploaded and user-generated audio and video content (UGC) services, encourage uploads of wholly original and authorized user-generated content, and accommodate fair use of copyrighted content, and protect user privacy interests.” It is interesting to note that many of the concerns reflected in the guidelines are similar (except perhaps in context) to those confronted by libraries in their own efforts to resolve issues the reproduction and transfer of materials.

To provide added context for those interested in this topic, this posting includes the full text of an article published on FindLaw Corporate Counsel by Julie Hilden. Finally,some additional links to other sources are listed.

I”n response to the discussion about the far-reaching changes to the Federal Civil Rules of Procedure, we have posted a 5 minute video featuring the authors of the Federal Civil Rules Handbook. The authors, Steven Baicker-McKee and Professor William Janssen, discuss the dramatic amendments to the Federal Rule of Civil Procedure, and why every major rule and form is changing on December 1, 2007. The video can be found under the “What’s New for Law Librarians” section at: www.west.thomson.com/librarian.”

“The changes have mostly come about as a result of a comprehensive overhaul by a federal style committee. There are stylistic and substantive changes, and all the forms have changed as well.”

“Thomson West has published the Federal Civil Rules Handbook just in time for the coming rule changes. All rule changes will be in this volume, along with all the new forms, and a great deal of annotated commentary. There will also be a “roadmap” at the end of each rule indicating the Style Project changes and the non-stylistic (substantive) changes to the rules”

By Eric Chabrow

Society for Information Management’s 2008 list of leadership books covers a wide-range of subjects, except IT itself.

Books ranging from How to Read a Book to The Prince are among 30 books every CIO wannabe should read, according to an annual list of must-read books issued by the Society of Information Management’s Regional Leadership Forum.

It seems everywhere we turn when it comes to information technology the topic sooner or later always turns to computer security. As mentioned below in this Review published on November 7, 2007 by InformationWeek, Norton and McAfee still dominate this field. The Review as posted consists of a major part of a piece writen by Serdar Yegulap. It does not however include many useful graphics included with the original piece. To see the entire article, including graphics, you will need to click on the URL listed below:

“While big-name security suites such as Norton and McAfee dominate the market, there are others out there that may be just as good — or better. We look at five alternative security suites.”

By Serdar Yegulalp, InformationWeek

Best Practices in Information Retrieval and Records Management: Analysis and Recommendations from the 2007 Sedona Conference

By Steven Essig

The Sedona Conference Journal, Volume 8, Fall 2007, includes much relevant commentary on possible best practices and other important concerns on effective information retrieval of legal documents. Issues raised range from effective precision and recall searching, appropriate sorts of indexing strategies, word choice, email retention policies for courts and other legal organizations among other major concerns. Of particular interest to librarians should be the section of the issue entitled “ESI Symposium”, which contains a report from “The Sedona Conference ® Working Group on Best Practices for Document Retention and Production (WG1), Search & Retrieval Sciences Special Project Team” (the August 2007 Public Comment Version).

Source: FindLaw Legal News and Commentary.

By JOANNE MARINER, Terrorism and Counterrorism Director at Human Rights Watch.
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Wednesday, Oct. 10, 2007
Last week, the New York Times published a front-page article describing two legal memoranda issued secretly by the Bush Administration in 2005 that purported to provide guidance regarding the legality of CIA interrogation methods. What the memos said, specifically, was that certain CIA practices did not violate the law.

I emphasize the “purported” purpose of the memos because I think their true purpose was quite different. Rather than giving objective guidance that would assist CIA officials in conforming their conduct to legal standards, the memos were actually meant to provide legal cover for conduct that violated fundamental legal norms.

The real purpose of the memos was, in short, to immunize US officials from prosecution for abusive conduct. They were meant to facilitate abuses, not to prevent them.

These two memos are part of a larger picture that includes earlier legal memos, a classified presidential directive, and last year’s Military Commissions Act. Taken together, they’re a paper trail for torture.

The OLC Paper Trail
According to the New York Times, a still-secret legal opinion issued by the Department of Justice in early 2005 provided explicit authorization to the CIA to subject detained terrorist suspects to a combination of abusive interrogation methods, including simulated drowning (known as “waterboarding”), head-slapping, and frigid temperatures. A subsequent legal opinion, issued just before congressional legislation was passed barring the cruel, inhuman or degrading treatment of detainees, reportedly declared that none of the interrogation methods used by the CIA violated that standard.

The two newly-revealed memos were reportedly drafted by the Justice Department’s Office of Legal Counsel (OLC), the office charged with providing authoritative legal guidance to other executive branch officials. They were said to have been approved by then-Attorney General Alberto Gonzales.

A previous opinion issued by the OLC in 2002, when John Ashcroft was Attorney General, concluded that the president was not bound by federal laws prohibiting torture, and that the Department of Justice lacked authority to enforce anti-torture laws against officials who acted with the president’s authorization. It also provided a narrow and inaccurate interpretation of what techniques constitute torture under U.S. and international law.

Although the memos did not mention this fact, “waterboarding,” one of the interrogation methods they reportedly defended, has been prosecuted as torture by U.S. military courts since the Spanish-American War. Indeed, after World War II, U.S. military commissions prosecuted and severely punished enemy soldiers for having subjected American prisoners to waterboarding, as well as other techniques used by the CIA in recent years such as sleep deprivation, forced standing, and removal of clothing.
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Recently a number of articles devoted to the history of technology and the internet have been published. Given the significant developments in these areas over the past 20+ years and the societal demands which continue to drive further research and development it is certainly appropriate to take some time to reflect on both the history and possible future directions of information technology–including the internet.

The following is a question, answer interview with Robert Kahn one of the pioneers in the creation and development of the internet and who continues to actively work on techniques related to information technology. The interview was published in the October 7, 2007 issue of The Star Ledger and is being reproduced here for the benefit of our readers:

Sunday, October 07, 2007

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