Libraries are bridges to information and knowledge.

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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.

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To view the full-text of cases you must sign in to FindLaw.com. All summaries are produced by Findlaw:

August 18 – 27, 2009.

View FindLaw’s new Case Summary Blog for the U.S. 2nd Circuit Court of Appeals
CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW, INJURY AND TORT LAW Okin v. Cornwall-on-Hudson, No. 06-5142 In a 42 U.S.C. section 1983 action alleging that defendants-officers permitted plaintiff’s partner to abuse her, summary judgment for certain defendants is affirmed in part where plaintiff failed to show a genuine issue of material fact as to whether defendants enhanced the risk of violence by making explicit assurances to the perpetrator. However, the ruling is reversed in part where plaintiff raised a genuine issue of material fact as to whether defendant-officers implicitly but affirmatively sanctioned the abuse.

CRIMINAL LAW & PROCEDURE, SENTENCING US v. Dhafir, No. 05-5965 Defendant’s Medicare fraud sentence is vacated where the district court overlooked an alternate means of determining which sentencing provision under U.S.S.G. section 2S1.1(a) applied to the charges against defendant
CRIMINAL LAW & PROCEDURE, SENTENCING US v. Ware, No. 07-5222 Defendant’s securities fraud conviction is affirmed, where the Double Jeopardy Clause did not apply to defendant’s retrial because he himself moved for a mistrial. However, his sentence is vacated where the district court made insufficient findings regarding defendant’s role in the conspiracy for sentencing purposes.

CRIMINAL LAW & PROCEDURE, EVIDENCE US v. Pizzonia, No. 07-4314 Defendant’s Racketeer Influenced and Corrupt Organizations (RICO) Act conviction is affirmed where, even though the predicate acts proved by the government were outside the statute of limitations, other trial evidence permitted the jury to conclude that both the charged racketeering conspiracy and defendant’s membership in it continued into the limitations period.
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Beth Doyle and Holly Robertson have launched a new online blog devoted to preservation and conservation administration called PCAN or Preservation and Conservation Administration News. http://prescan.wordpress.com/

Below is the description from their site that explains what PCAN is trying to accomplish. They are very excited about this site and hope that you, too, will find it useful. Their first post is up and concerns training library and archives conservators

Back in the day we had two great print publications, Conservation Administration News and the Abbey Newsletter. Before the internet and social networking, these were THE publications for news and information related to library and archives preservation and conservation. Now through the use of the internet, discussion groups, blogs, wikis, etc., we have more ways to communicate than ever, but you still need to be tuned in to the right place at the right time and have the rights to view the content.

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The 2009 Fall Conference Washington, DC.

November 6, 2009

“The ABA Criminal Justice Section, in cooperation with our co-sponsors, is proud to present a one-day seminar to address a broad array of sentencing and reentry issues, with a particular emphasis on sentencing practice in white-collar cases. The conference will examine sentencing and reentry trends and opportunities for reform at both the federal and state levels. The program will begin with a plenary session on the state of the sentencing union including rates of incarceration, sentencing trends, racial disparity, alternatives to incarceration, and recent federal legislation. There will be two tracks of instruction focused on reentry and two focused on sentencing, each addressing issues of concern to different segments of the criminal justice community, including probation and parole officials, white collar crime defense attorneys, prosecutors, academics, public defenders, judges, sentencing consultants, mitigation specialists, corrections personnel, victim advocates and policy experts. One track will focus on practice and procedure issues of particular concern to criminal defense attorneys in general and white collar practitioners in particular. Confirmed speakers include Jeremy Travis, President of the John Jay College of Criminal Justice and the U. S. Sentencing Commission. The second annual conference is hoped to again attract a broad cross-section of those involved in perhaps the most pressing criminal justice issues of our time”.

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People often ask about procedures for obtaining approval to staging secial events in the City, especially those involving some form of street activity. New York City requires that a “Special Event Permit Application be submitted to the City of New York Street Activity Permit Office prior to any special event involving street activity held in the City. Depending on the type of event planned, other City agencies may also require approval. The below information includes a list of Application Sponsor Rules and Responsibilities, Support Permit Requirements, and a link to the City of New York Special Permit Application form:

APPLICANT/SPONSOR RULES AND RESPONSIBILITIES

IT IS THE APPLICANT’S/SPONSOR’S RESPONSIBILITY TO:

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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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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

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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.

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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.

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