A selected list of CRS Reports posted between August 11, 2010 and September 10, 2010. Although almost all of the CRS Reports in the following list relate in some way to crime and criminal justice, a few addressing other topics where readers have expressed an interest have also been included.:
Deprivation of Honest Services as a Basis for Federal Mail and Wire Fraud Convictions
Report No. R40852 Subjects: Criminal Justice CRS Reports, 111th Congress (7/28/2010; Posted: 8/11/2010)
CRS Report No. R41349; 8/16/2010; Posted 9/7/2010 Author(s): Clare Ribando Seelke, Specialist in Latin American Affairs; Kristin M. Finklea, Analyst in Domestic Security Subject(s): Mexico; Criminal Justice; Drug Abuse
No. of Pages: 35
SUMMARY:
According to the New York Times, the articles published on July 25 are based on thousands of United States military incident and intelligence reports – records of engagements, mishaps, intelligence on enemy activity and other events from the war in Afghanistan – that were made public on Sunday on the Internet by WikiLeaks, an organization devoted to exposing secrets of all kinds. These reports are used by desk officers in the Pentagon and troops in the field when they make operational plans and prepare briefings on the situation in the war zone. Most of the reports are routine, even mundane, but many add insights, texture and context to a war that has been waged for nearly nine years.
The New York Times article, Piecing Together the Reports, and Deciding What to Publish, explains the process of deliberation through which the New York Times decided to publish, and sometimes not to publish, material from some 92,000 individual reports made available by WikiLeaks to the Times, The Guardian newspaper in London, and the German magazine Der Spiegel.
More than a dozen Washington Post journalists spent two years developing Top Secret America, a multimedia presentation put together by compiling hundreds of thousands of public records of government organizations and private sector companies. From these records, the Washington Post identified a web of these organizations, both government and private, that are engaged in top secret work for the government. According to Dana Priest and Matthew M. Arkin, two Washington Post reporters who have written about the Project, these findings amount to “…a Top Secret America hidden from public view and lacking in thorough oversight.”
Here are some additional links for those interested in the Washington Post Project:
Introductory Video: http://projects.washingtonpost.com/top-secret-america/
David Badertscher
This posting is essentially a followup of two of our earlier postings on this topic which you can find here and here.
It begins with two statements released by the U.S. Federal Communications Commission (FCC) on May 6, 2010 in partial response to the recent decision in the Comcast case.and continues with a listing of recent Congressional Research Service (CRS) Reports addressing various aspects of the topic:
Many thanks to Luis Acosta of the Library of Congress for forwarding the following:
Elena Kagan Nominated to the Supreme Court: http://go.usa.gov/ieT
On April 9, 2010 Justice John Paul Stevens announced that he would retire after nearly 35 years on the bench of the U.S. Supreme Court. President Obama announced the nomination of Solicitor General Elena Kagan to replace Stevens on May 10, 2010. This is President Obama’s second nomination to the nation’s highest court, following his selection of Justice Sonia Sotomayor in May 2009. Notably the first female Solicitor General and first female dean of Harvard Law School, if Kagan is confirmed, she will also be the fourth woman to serve on the Court.
“On January 21st, 2009, President Obama issued a Memorandum on Transparency and Open Government in which he described how: ‘public engagement enhances the Government’s effectiveness and improves the quality of its decisions. Knowledge is widely dispersed in society, and public officials benefit from having access to that dispersed knowledge.’
To support the President’s open government initiative, DOT has partnered with the Cornell eRulemaking Initiative (CeRI) in a pilot project, Regulation Room, to discover the best ways of using Web 2.0 and social networking technologies to: (1) alert the public, including those who sometimes may not be aware of rulemaking proposals, such as individuals, public interest groups, small businesses, and local government entities that rulemaking is occurring in areas of interest to them; (2) increase public understanding of each proposed rule and the rulemaking process; and (3) help the public formulate more effective individual and collaborative input to DOT. Over the course of several rulemaking initiatives, CeRI will use different Web technologies and approaches to enhance public understanding and participation, work with DOT to evaluate the advantages and disadvantages of these techniques, and report their findings and conclusions on the most effective use of social networking technologies in this area….”
Quote from U.S. Department of Transportation Website.
In a unanimous 3-0 Decision last Tuesday April 6 the United States Court of Appeals for the District of Columbia Circuit ruled that the Federal Communication Commission did not have the authority to order Comcast in 2008 to cease and desist interfering with the traffic of Bit Torrent a P2P file sharing service. At the time Comcast ostensibly accepted the order, but ended up appealing the ruling in the courts. The April 6 opinion is the result of that appeal.
As can be expected, reactions have been quick in coming and are quite varied, depending on the perspective and interests of those responding. Some have emphasized the supposedly narrow scope of the ruling attempting to play down its overall importance. Others see it has quite significant, even ground breaking in its scope. For example, will the ruling set a prescedent that allows internet providers to control broadband service as they see fit since it clearly undercuts the FCC’s claim to authority to regulate the internet? What about the FCC’s recently released National Broadband Plan supported by the Obama administration? Many of my fellow libraraians have been looking forward to both participating in and benefiting from this program which contains some provisions related to libraries.? And what about the overarching issues relating to equal treatment for all who use the internet? That not only refers to the “information poor” who often have difficulty getting access under the best of conditions; is could also impact those at the opposite end of this spectrum, eg. Google’s You Tube and Microsoft’s MSN.com?
So many questions, which indicates that this decision really is important with far reaching consequences. Some think this ruling will be appealed to the U.S. Supreme Court but we will need to wait and see. Meanwhile, the FCC has been handed some significant regulatory issues it will need to try to work around. Can they do it. It appears from a statement issued after the ruling that they are prepared to try.
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:
Mary Alice Baish, Director of Government Relations and Emily Feldman, Advocacy Communications Assistant (both of the American Association of Law Libraries, AALL), have been doing a tremendous job serving as advocates for high quality and highly accessible legal information on the web in a format that can be authenticated.
The following is an e-mail from Emily which mentions the work of the White House open government working group and includes a request for suggestions regarding specific types of information and datasets you would like to see agencies publish. Although Emily’s e-mail is directed primarily to law librarians I am posting it here because of the value of this initiative to the entire legal community.
FROM: Emily Feldman March 10, 2010
Criminal Law Library Blog