Articles Posted in Information Technology

Rick Snow of the National Center for State Courts (NCSC) has just announced that results of the NCSC e-filing survey conducted earlier this year are available at . Also, a brief summary of the findings is available on our Court Technology Bulletin at .

He writes: “We hope you find the results useful. If you have further questions regarding the survey, or would like to respond to the survey for your court or state, please contact Jim McMillan (jmcmillan@ncsc.org) or Rick Snow (rsnow@ncsc.org).”

As we becme increasingly dependant on information transmitted and stored in digital formats, ssues related to cybercrime are rapidly becoming central to all areas of the law. This is not stated as a criticism but rather as a fact that must be addressed by whatever means possible, including programs such as the one described below::

The White House announces a Cyberspace Policy review, proclaims a national security concern and appoints a czar; the FTC is about to issue “Red Flag” ID-theft compliance plan mandates; the Computer Hacking and Intellectual Property (CHIPS) units at DOJ and various U.S. Attorney’s Offices are gearing up; and “hacking” and HIPAA prosecutions are on the rise. Get the picture?

Whether you provide compliance/governance advice to corporations, counsel corporations about data breach crisis-response, or defend individuals, getting up to speed on where we are and where we are going is critical. An experienced panel of prosecutors, defense lawyers and cyber-experts will discuss these and other issues.

By Brett Burney Principal Burney Consultants LLC

We are proud to reprint the following article “The Emerging Field of Electronic Discovery Project Management” which first appeared as a TechnoLawyer TechnoFeature exclusive on September 1. It is being reprinted here with the written permission of both the author Brett Burney, a world recognized authority on issues related to bridging the chasm between the legal and technical frontiers of electronic discovery, and Technolawyer. Whether acknowledged or not we are living in an age of electronic discovery and must learn to cope with its challenges,which requires authorative, updated information such as that provided in Mr. Burney’s article. The complete article is presented as a pdf file provided by TechnoLawyer which can be read by clicking on the link following some introductroy material from the article we have provided below for your convenience.

INTRODUCTION

**The Government Domain: Tracking Congress 2.0

http://www.llrx.com/columns/govdomain42.htm

With the 111th Congress of the United States reconvening on September 8th, e-gov expert Peggy Garvin highlights new tools and sources that enhance and expand your ability to track and monitor the action.

Change 2010:

August 27, 2009, Washington, DC –“The Obama administration has challenged Federal information technology managers to explore more open systems,” said Arpan Patel, Director of Somat’s Information Engineering practice. “Federal managers face a compelling need to understand the differences between traditional approaches to information technology and increasingly important open approaches.”

Somat Engineering, the company that builds engineering solutions worldwide, is holding a special, limited attendance briefing, Change 2010: Responding to Real Time Information, Open Systems and the Obama IT Vision, at the National Press Club in Washington, DC on September 23, 2009, at 9am.

According to a report by Matthew Weigett in the September 4, 2009 Federal Computer Week, the U.S. Court of Appeals in Washington, DC has held that Mircosoft can keep selling its Word software in the United States. Microsoft had filed an emergency motion with the court to stay a ruling by Judge Leonard Davis of the U.S. District Court for Eastern Texas that ordered to the company to stop selling Word in the United States and to also pay the plaintiff i4i, a Toronto based software developer, over $290 million in damages and interest. The motion to stay has been granted, allowing Word sales in the U.S. to continue while the infringement lawsuit is appealed. The appeal is scheduled for September 23.

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.

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.

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