Articles Posted in David Badertscher

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The 2010 CyberSecurity Watch Survey, sponsored by Deloitte and conducted in collaboration with CSO Magazine, the U.S. Secret Service, and the CERT Coordination Center at Carnegie Mellon, indicates that threats posed by cyber crime have increased faster than potential victims — or cyber security professionals — can cope with, placing targeted organizations at significant risk.

While we cannot provide you a copy of the actual Survey, the Deloitte whitepaper, Cyber Crime: A Clear and Present Danger reports on several of the survey findings and includes Deloitte’s interpretation of key results. Quoting from the Introduction to the white papter: “By its very nature, interpretation goes beyond simple reporting of results…and may prompt disagreement and even controversy”

With that, we invite you to download the white paper from the link below, read it, and draw your own conclusions

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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.

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David Badertscher*

A giant of New York politics and law enforcement recently retired from public office– Robert Morgenthau. Scion to a powerful family, Robert Morgenthau’s grandfather served as United States Ambassador to the Ottoman Empire, and his father was Secretary of the Treasury under Franklin Delano Roosevelt. While his famous name and lineage may have helped to open doors, Robert Morgenthau was determined to find a profession where he could navigate his own path in life.

After honorable combat service in the navy during World War 2, where his ship was torpedoed, Robert Morgenthau proceeded to law school and rose to partner in a major law firm. However, Robert Morgenthau largely dedicated his professional career, and indeed his life, to public service. He served as United States Attorney for the Southern District of New York for an eight year period from 1961 -1969. But he will surely best be remembered for his longstanding and legendary tenure as New York County District Attorney that spanned a thirty-five year period from 1974 – 2009. In this latter capacity, he resuscitated the office which was ravaged by budget problems and made it, what many law enforcement officials consider, the finest district attorney’s office in the nation and possibly the best overall law enforcement office in the nation.

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Since first hearing about the planned closure of of six of the fifteen courthouse libraries in Connecticut I have contacted I have heard from a number of people (both librarians and non-librarians) from throughout that state. By all accounts the announced closures will prevent attorneys, judges and members of the public from accessing the up-to-date legal materials they need. They will especially hurt disadvantaged citizens and pro se litigants, who are especially vulnerable and may be unable to access official legal resources and will be required to struggle to travel to far-away courthouses. While the dire budgetary circumstances are the state currently faces are understandable, it is essential that Connecticut’s public law libraries and courthouses remain open. They are irreplaceable.

To help spread the word, the American Association of Law Libraries (AALL) has been working closely with the Southern New England Librarians Association (SNELLA) to oppose the announced closures . Kate Hagan the AALL Executive Director has distibuted an e-mail (see below) which details that effort. It includes some useful links for those who want to become active in saving Connecticut court libraries.

People are also urged to search the directory of state legislators and government employees at the of Connecticut Website for other contacts that could be helpful in this effort. This web site includes a directory of state employees, a directory of state legislators, and a directory of federal legislators serving Connecticut, all with links for e-mail contact information.

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During every session of the New York Legislature the current governor and his staff prepare bills addressing his or her objectives to be introduced directly in the legislature by the Governor. While it is assumed that legislatures in other states have similar mechanisms, this posting is only concernd with Governor’s programs in the State of New York.

When first introduced, these program bills are only sponsored by the Governor but once they have been introduced, members of the legislature can and often do add their names as sponsors. It is my understanding that once such a bill is introduced the process by which it works its way through the legislature is similar to other legislation except that if such a bill is amended while under consideration, it is then sent back to the Governor’s office for review, further modification etc.

In conversations I have had with people in the Governor’s office it was emphasized that Governor’s Programs should not be considered identical with other legislation introduced directly by individuall or groups of legislators and that Budget programs are separate from the Governor’s Program being discussed here. During those conversations the following book was recemmended as an excellent source for further information on this topic:

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David Badertscher

Although not primarily a reviewer of legal materials, Kirkus Reviews is one of the most outstanding and respected review magazines devoted to book media. It was founded in 1933 by Virginia Kirkus (1893-1981) a former head of the children’s book department of Harper & Bros. with the idea of holding book reviewing to a very high standard, being selective in both the books reviewed and the people assgned to review them. The first year they received about 20 advance galley proofs.

By all accounts Kirus has managed to maintain these high standards throughout the years, becomeing one of the true standard bearers for the authoritative reviewing of all types of titles including those related to law. According to their website, Kirkus currently reviews about 5,000 titles per year “with the idea of of providing Kirkus regulars (librarians, newspaper editors, agents, film producers, booksellers, and those throughout the book world in general) with professional, informative, and impartial descriptive evaluations of forthcoming titles, and to do so on a timely basis.”

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BY: David Badertscher*

I have been following with great interest recent discussion on listservs and in the literature regarding a perception that libraries are becoming less relevant in a technologically-oriented society that relies increasingly on “instant gratification”(achieved largely through online searching and related techniques).

Technology is wonderful, and I think should it should be embraced, but not at the expense of alternative tools and methods that produce better results and may be more cost effective. If they are to accomplish their mission and remain relevant over time to their parent organizations, libraries must always be prepared to use a variety or mixture of techniques and materials, both technical and non-technical, to achieve results that are accurate, timely, efficient, cost effective, and deemed by patrons and managers to be trustworthy. The alternative is to increase the risk of libraries being perceived as no longer capable of meeting growing expectations and thereby becoming possible candidates for eventual closure.

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Volume 2 Number 12 December 2009.

Automatic Software Updates and Patching
From the Desk of David Badertscher
Security vulnerabilities are flaws in the software that could allow someone to potentially compromise your system. Each year, the volume of software security vulnerabilities discovered increases, and the hacking tools available to exploit these vulnerabilities become more readily available and easier to use. Vulnerabilities in commonly used programs such as Adobe PDF Reader, QuickTime, Adobe Flash and Microsoft Office are prime targets of attacks on computers connected to the Internet. Recent statistics reported show that 48% of the cyber attacks identified in the second quarter of 2009 were targeted against vulnerabilities in Adobe Acrobat/Adobe Reader1 and in October 2009 Microsoft released patches for a record number of security holes. No entity is immune to vulnerabilities, so we must ensure we understand the risks and take appropriate mitigation steps.

Why do I need to update my software?

One of the basic tenets of computer security is to update your operating system and other software installed on your computer. Software updates fix problems in the software, add functionality, and most importantly, fix vulnerabilities that impact the security of the software and subsequently your computer. These vulnerabilities can lead to your computer-and information that resides on it-being compromised. Exploitation of vulnerabilities may occur by opening documents, viewing an email which contains malicious code or visiting a web site hosting malicious content. Seventy percent of the top 100 web sites hosted malicious content or contained a link designed to redirect users to malicious sites.2
What is a software patch (fix) and when should I install software patches?

Patches are often called “fixes.” A patch is software that is used to correct a problem to an application (software program) or an operating system. Computer companies are continuously addressing security holes (i.e. vulnerabilities) in computer software which could be used to infect your computer with a virus, spyware or worse. When vulnerabilities are discovered, the software vendor typically issues a fix (i.e. patch) to correct the problem. This fix should be applied as soon as possible since the average time for someone to try to exploit this security hole can be as little as a few minutes. Most major software companies will periodically release patches, usually downloadable from the Internet, that correct very specific problems in their software programs.

My computer includes hundreds of software programs– which ones do I need to update and how often?

One of the challenges facing the average computer user is to know which software needs to be updated and how often. Software programs that communicate or interact with the Internet are especially susceptible to attacks and should be kept at a vendor-supported version and current on all patches.

Many software programs include a feature called “auto update.” This feature allows the computer to check for updates at periodic intervals. The software will automatically check for updates and save them to your computer. Some updates will instruct you to “reboot” your computer before the software update can be applied.

At a minimum, you should enable the auto update feature on the following products:

Anti-virus and Anti-spam signatures: anti-virus and anti-spam software requires regular updates to virus and spam signatures to remain effective. New viruses and other types of malware appear every day and the anti-virus/anti-spam vendors release new signatures on a daily basis to stay on top of the new threats. Windows Office software: Word, Excel, Outlook, etc. – (see below for updating Windows software) Internet Browsers: e.g., Internet Explorer (Microsoft), Firefox (Mozilla), Safari (Apple) and Chrome (Google). Make sure you update any software you use for browsing the Internet. Adobe products: e.g., Adobe Reader, Adobe Acrobat, Flash, Shockwave Media Players: e.g., Windows Media Player (Microsoft), QuickTime (Apple), Real Player (Real Networks) and Flash Player (Adobe)

Java (Sun Microsystems): Java is software that is installed on most computers to allow users to play online games, conduct online chats, and view images in 3D, among other functions. It is also used for Intranet applications and other e-business solutions. Other software programs that communicate or interact with the Internet, like e-mail, web servers, and remote desktop software are especially susceptible to attacks and should be kept current on patches and version levels.

It is very important to promptly download and patch your operating system and programs whenever security updates or “service packs” become available. These patches are created to protect systems against potential attacks. Be aware that attacks sometimes occur before updates are released.

How do I update my Microsoft Windows programs?

Windows Update is a Microsoft service that provides updates for the Windows operating system and other Microsoft software. Installing Windows updates, such as “service packs” and other patches, is necessary to keep your Windows system secure. To activate Windows Update, go to Settings/Control Panel/Automatic Updates. When you turn on Automatic Updates, Windows routinely checks the Windows Update web site for high-priority updates that can help protect your computer from the latest viruses and other security threats. These updates can include security updates, critical updates, and “service packs.” Depending on the setting you choose, Windows automatically downloads and installs any high-priority updates that your computer needs, or notifies you as these updates become available. Be sure to set the auto updates to daily, as patches can be released at any time.

Note: Many organizations have formal processes to patch systems that will automatically update all appropriate software. In these situations, no end user action is required.

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Source: 1. F-Secure
Source: 2. SC Magazine
The above comments are based on information tips provided by the Multi-State Information and Analysis Center (MS-ISAC). To learn more about MS-ISAC go to http://www.msisac.org/
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A report prepared by New York Governor David Paterson’s Task Force on Transforming Juvenile Justice released in December 2009. It “shines a harsh light” on the problems in New York’s prisons for juvenile offenders
According to this Report, ” the problems are so acute that the state agency overseeing the prisons has asked New York’s family court judges not to send youths to any of them “unless they are a significant risk to public safety,” recommending instead alternatives like therapeutic foster care.”

This Report comes three months after a federal investifgation found that excessive force was routinely used at the four New York prisons, “resulting in injuries as severe as broken bones and shattered teeth.”

Although we are not authorized to include in this posting a draft copy we have seen of the Report, the following is an excerpt from the Executive Summary>
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February 29, 2008

A number of people who have distinguihed themselves in the legal profession have also been quite successful as poets. Wallace Stevens comes to mind. That brings me to the poetry of Professor Lawrence Joseph, Reverend Joseph P. Tinnelly, C.M. Professor of Law, which was the subject of the 2008 Law and Literature Symposium, “Some Sort of Chronicler I Am: Narration and the Poetry of Lawrence Joseph,” on February 29, 2008, at the University of Cincinnati College of Law. The Symposium was put together by the University of Cincinnati Law Review. Professor Joseph was joined in the Symposium by a group of distinguished legal and literary scholars who used Professor Joseph’s poetry as a starting point to explore the nature of narration in poetry and its relationship to the language of law, and other forms of narration and language. The Symposium has been published in 77 Cincinnati Law Review. Number 3 Spring 2009. To help illustrate the depth and range of topics covered in the Symposium, here is al list of papers and their contributors included in the 77 Cincinnati Law Review symposium issue:

Narrating Justice ….. Joseph P. Tomain

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