Commentary and Opinion

September 2, 2009

What’s Happening in Your State Related to Legislation Regarding the Use of Restraints on Pregnant Women

According to the Editors of The Crime Report, the movement to ban shackling pregnant prisoners is gaining momentum. On August 26, 2009, Governor David Paterson of New York signed a bill (now NY Chapter 411 2009) banning the practice for all but the most unruly inmates. What is happening in your state?

Only six states-California, Illinois, New Mexico, New York, Texas and Vermont-have legislation regulating the use of restraints on pregnant women. Women detained in 44 states, the District of Columbia and the Federal Bureau of Prisons lack such legislative protection. Some state departments of corrections did not provide details on what type of restraints may be utilized during labor, nor did they provide their policy.

(Research provided by Amnesty International and The Rebecca Project for Human Rights.)

August 28, 2009

Cybercrime: Rogue Computer Conficker Continues to Counfound Security Experts

by David Badertscher

The program, known asConficker( http://www.us-cert.gov/cas/techalerts/TA09-088A.html), uses flaws in Windows software to co-opt machines and link them into a virtual computer that can be commanded remotely by its authors. With more than five million of these zombies now under its control government, business and home computers in more than 200 countries this shadowy computer has power that dwarfs that of the worlds largest data centers. Conficker continues to confound the efforts of security experts to trace its origins and determine its purpose.

For additional commentary see John Markoff’s article, “Defying Experts, Rogue Computer Code Still Lurks”, published in the August 27, 2009 New York Times.

August 25, 2009

Government, Cookies, and Federal Web Sites – Continued

by David Badertscher

After posting two articles on this Web site here and here related to the Obama administration seriously considering allowing much greater flexibility regarding the use of cookies and tracking devices on government Web sites, I thought I was finished with the topic. That is until this morning August 25 when I notices a well written and thoughtful editorial about “cookies” and the web in the New York Times. Since the editorial helped to clarify my thinking I wanted to share it with you here.

After a discussion of the issues, here in a nutshell are the concerns raised and approaches presented in the editorial:

1. More stringent requirements regarding the permanent and prominet display of notices on all government Web sites to clearly inform users that use of the Web sites is being tracked.

August 25, 2009

Transparency Chic According to Katherine Mangnu-Ward

by David Badertscher

In her interesting and provocative article, “Transparency Chic”, Katherine Mangu-Ward, Senior Editor at Reason Magazine, writes: “…Privacy is dead. But one kind of information is still cozily tucked away, the law…[W]ith the possible exception of the ever-leaky CIA, no aspect of government remains more locked down than the secretive, hierarchical judicial branch. Digital records of court filings, briefs and transcripts sit behind paywalls like Lexis and Westlaw.”

Katherine also writes about PACER and recommends that we all check out RECAP (PACER spelled backward) a free extension of Firefox to help gain access to and download documents. RECAP is a project of the Center for Information Technology and Policy at Princeton University.that, among other things, helps PACER users build a free and open repository of public records and also facilitates the downloading of these reords. RECAP is not a substitute for PACER; rather it is meant to be somewhat like a PACER facilitator. It is my understanding that you cannot use RECAP effectively unless you are also a PACER user. I go into this detail because Katherine recommends RECAP be used to download her article which is reproduced here with her permission.

Whether you agree or disagree, Katherine Mangu-Ward’s article is well worth reading. Here it is: I am also providing a link to her article as it first appeared so that you can also read the comments at that location

August 21, 2009

CLLB Information Security Newsletter – Cookies

by David Badertscher

Volume 2 Number 8 August 2009.

From the Desk of David G. Badertscher

Mmmm… cookies – chocolate chip and oatmeal with raisins! Cookies are one of the most popular snacks that exist today. Did you know you can get “browser” cookies almost every time you go on the Internet? These cookies help with Internet commerce, allow quicker access to web sites, or can personalize your browsing experience. However, there are some privacy and security issues to be aware of, so it is important to understand the purpose of a “browser” cookie and manage their use on your computer appropriately. This tip will help you understand what a “browser” cookie is, what it is used for and what risks might be associated with using cookies.

August 21, 2009

Citations and Hyperlinks To Materials in Court Opinions on the Web

by David Badertscher

The following article published in the July 2009 issue of The Third Branch: Newsletter of the Federal Courts discusses a project conducted by U.S. Circuit librarians in the federal courts, and organized by the Fudicial Conference Committee on Court Administration and Case Management (CACM). The project involved observation and recording over a six month period of how court opinions and materials in court opinions are cited and hyperlinked in a representative sampling of web pages, resulting in a compilation of “suggested practices” for citing and hyperlinking these materials..

This type of resource is needed as a reference for citing primary materials in all branches of government – federal, state, local, and probably foreign and international as well.. With the increasing empsasis on “going green”, preservation of resources, etc. the rate of conversion from hard copy to digital, web based materials is accelerating to the point where it is urgent that we have authoritative sources now that we can rely upon for citing and hyperlinking primary source legal materials on the web.

With this article I am happy to see an example of how the federal courts are “stepping up to the plate” on this issue.

August 20, 2009

Hacking Attacks Exposed

by David Badertscher

A summary of an article, “Black Hat to expose attacks,” by Tim Greene

August 5, 2009

This summary was forwarded by Judge Herbert B. Dixon,Jr of the Superior Court of the District of Columbia with the permission of the Center for Legal and Court Technology, formerly the Courtroom 21 project, http://www.courtroom21.net/ . Upon receiving a copy, I contacted Judge Dixon and we agreed that it was appropriate to post it here in recognition of the important work the Center for Legal and Court Technology is continuing.

August 19, 2009

New York Times Multimedia: Murder in New York City

by David Badertscher

Source:: NYTimes.com .

Looking at the New York Times website, I discovered links to a multimedia representation of dynamic homicide activity in New York City..This presentation leads to a variety of useful information including a June 19, 2009 article by Andrew W. Lehren and Al Barker, ” In New York, Number of Killings Rises With Heat,” providing what could be considered an overview. Also included are various graphical representations which along with the article provide an analysis of homicide data giving insights about who is killed in New York City, by whom, where the murders occur and why. Last but certainly not least, a map is included which provides continuous updates of homicide locations and similar information as data becomes available.

This information should be of interest to anyone who needs updated information regarding homicide activity and trends in New York City.

August 18, 2009

Report: Investigation of the Waterfront Commission of New York Harbor

by David Badertscher

As has been widely reported in the news media, the State of New York Office of the Inspector General has just released its Report and Investigation of the Waterfront Commission of New York Harbor. This is a Report grew out of a complaint of alleged misconduct on the part of officials of the Waterfront Commission of New York Harbor that was referred to the Inspector General’s Office on May 7, 2007 by then-Governor Spitzer. The Waterfront Commission is a bi-state entity established in 1953 by the United States Congress to investigate, deter, combat and remedy criminal activity and influence in the Port of New York and New Jersey, and to ensure fair hiring practices. Report findings include discussion and and enumeration of a number of abuses and irregularities identified by the staff of the Office of the Inspector General during their investigation of the Commission. To see the entire Report click on the link below:

Report: Investigation of the Waterfront Commission of New York Harbor. August 2009.

August 4, 2009

Should Cookies Be Used on Federal Web Sites?

by David Badertscher

David Badertscher*

The Office of Management and Budget (OMB) within the White House is considering whether federal web sites should be permitted to use cookies and other web tracking technologies and is asking for input from the public.

According to Michael Fitzpatrick, an associate administrator with the OMB Office of Information and Regulatory Affairs, “the goal of this review is to develop a new policy that allows the Federal government to continue to protect privacy of people who visit Federa(s)l websites while, at the same time, making these websites more user-friendly, providing better customer service, and allowing for more enhanced analytics”.To read this entire discussion about cookies policy for Federal websites go to the posting by Mr. Fitzpatrick and Vivek Kundra of the Office of Science & Technology Policy Blog To share your comments on the approach outlined in their posting, you can post a comment on the OSTP blog, submit comments directly in response to the Federal Register notice mentioned in the posting, or email them to: oira_submission@omb.eop.gov. Comments submitted by August 10, 2009 in one of these three ways, will be taken into consideration. Responding to this posting directly from the OSTP blog requires registration and other authentication routines before posting.