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Thursday, April 5, 2007

beSpacific - April 4, 2007

 
beSpacific - Accurate, focused law and technology news
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By Sabrina I. Pacifici - bespacific@earthlink.net

Free weekday coverage on current issues
April 04, 2007

Headlines
  • White House Liaison Monica Goodling Again Refuses to Testify Before Congress on U.S. Attorney Firings
  • OMB Announces Earmarks Database Establishes Benchmark for Cutting Earmarks in Half
  • TRAC Releases Latest Federal Criminal Enforcement Data from DOJ
  • Stanford Launches Database of Copyright Renewal Records
  • Commentary on Politicizing National Security
  • FCC Terminates Proceeding on the Use of Cellular Phones Onboard Aircraft
  • Recent CRS Reports on Iraq, Pakistan, Lebanon and Iran
  • Antitrust Modernization Commission Report and Recommendations
  • Treasury OIG Audit Reveals Taxpayer Data Not Adequately Protected on Laptops and Portable Media
  • Study Examines Wikipedia's Use of Open Access Research and Scholarship
  • Committee Requests Information from the Director of National Institute of Environmental Health Sciences

* White House Liaison Monica Goodling Again Refuses to Testify Before Congress on U.S. Attorney Firings
Follow up to March 29, 2007 posting, Conyers Announces Justice Department Deal to Begin Staff Interviews, these two related letters:
  • "Today, House Judiciary Chairman John Conyers, Jr. (D-MI) and Subcommittee Chairwoman Linda Sánchez (D-CA) sent a letter to the Attorney General's Special Counsel and White House Liaison Monica Goodling, through her attorney John M. Dowd, requesting her cooperation in closed-door interviews in connection with the ongoing US Attorney scandal. Dowd sent a letter last week to House and Senate leaders advising them that Goodling would invoke her Fifth Amendment privilege in response to such invitations; however, the two lawmakers argue that previous Supreme Court rulings require individuals to respond on a question-by-question basis and a closed-door interview could relieve the need for further, public questioning should she volunteer to participate."
  • Via FindLaw, Lawyers for Dept. of Justice Counsel and White House Liasion Marcia Goodling respond to another inquiry by the House Judiciary Committee about having her testify before Congress."
    Topic(s): Congress

  • * OMB Announces Earmarks Database Establishes Benchmark for Cutting Earmarks in Half
    Follow up to this March 12, 2007 posting, OMB Releases Database on Earmarks in Appropriations Bills for FY 2005, today the OMB "updated its earmarks database with details on 13,496 earmarks totaling more than $19 billion for Fiscal Year 2005 appropriations."

    * TRAC Releases Latest Federal Criminal Enforcement Data from DOJ
    TRAC press release: "Among the observations that can be made from the new December 2006 data - measured in per-capita terms, Wyoming led all districts in federal drug and weapons convictions. For that month, Wyoming ranked first among judicial districts with more than six times the conviction rate for the U.S. as a whole in narcotics/drugs, and nearly 20 times the national rate for weapons convictions."

    * Stanford Launches Database of Copyright Renewal Records
    "The Copyright Renewal Database makes searchable the copyright renewal records received by the US Copyright Office between 1950 and 1993 for books published in the US between 1923 and 1963. Note that the database includes ONLY US Class A (book) renewals. The period from 1923-1963 is of special interest for US copyrights, as works published after January 1, 1964 had their copyrights automatically renewed by the 1976 Copyright Act, and works published before 1923 have generally fallen into the public domain. Between those dates, a renewal registration was required to prevent the expiration of copyright, however determining whether a work's registration has been renewed is a challenge. Renewals received by the Copyright Office after 1977 are searchable in an online database, but renewals received between 1950 and 1977 were announced and distributed only in a semi-annual print publication. The Copyright Office does not have a machine-searchable source for this renewal information, and the only public access is through the card catalog in their DC offices."

    * Commentary on Politicizing National Security
    Politicizing National Security, by Aziz Huq, April 4, 2007: "Aziz Huq directs the Liberty and National Security Project at the Brennan Center for Justice. He is co-author of Unchecked and Unbalanced: Presidential Power in Times of Terror, and recipient of a 2006 Carnegie Scholars Fellowship." Mr. Huq focuses on three recent issues to highlight his thesis: the firings of U.S. Attorneys, the misuse of National Security Letters, and DOJ OIG Fine's recent audit of terrorism prosecutions.
  • Related article from Newsweek: "The Justice Department called David Iglesias, the U.S. attorney in New Mexico, an 'absentee landlord'—a key reason listed for his firing last December. Just one problem: Iglesias, a captain in the Navy Reserve, was off teaching classes as part of the war on terror. Now Iglesias is striking back, arguing he was improperly dismissed."

  • * FCC Terminates Proceeding on the Use of Cellular Phones Onboard Aircraft
    Press release: "Today, the Federal Communications Commission (FCC) released a Memorandum Opinion and Order (Order) that terminates its proceeding on the use of cellular phones on airplanes. In December 2004, the FCC adopted a Notice of Proposed Rulemaking (NPRM) to examine the existing rule that requires cellular phones to be turned off once an aircraft leaves the ground in order to avoid interfering with cellular network systems on the ground. Federal Aviation Administration (FAA) regulations also restrict the use of cellular phones and other portable electronic devices (PEDs) onboard aircraft to ensure against interference with the aircraft's navigation and communication systems. The comments filed in response to the NPRM provide insufficient technical information on whether the use of cellular phones onboard aircraft may cause harmful interference to terrestrial networks. Further, because airlines, manufacturers, and wireless providers are still researching the use of cell phones and other PEDs onboard aircraft, the FCC found that it would be premature to seek further comment at this juncture. Therefore, the FCC determined that its proceeding on this issue should be terminated at this time. It may, however, reconsider this issue at a later time if appropriate technical data is available."

    * Antitrust Modernization Commission Report and Recommendations
    Antitrust Modernization Commission Report and Recommendations, April 2007.
  • Full Report (540 pages)
  • Press Release

  • * Treasury OIG Audit Reveals Taxpayer Data Not Adequately Protected on Laptops and Portable Media
    Treasury Inspector General for Tax Administration - Internal Revenue Service Is Not Adequately Protecting Taxpayer Data on Laptop Computers and Other Portable Electronic Media Devices. March 23, 2007. Reference Number 2007-20-048.
  • "IRS employees reported the loss or theft of at least 490 computers and other sensitive data in 387 separate incidents between January 2, 2003, and June 13, 2006. During this period, the IRS computer security organization was made aware of only 91 (24 percent) of the 387 incidents. TIGTA determined 176 incidents likely did not involve any loss of taxpayer data, but 126 incidents involved the loss of personal information for at least 2,359 individuals. TIGTA was unable to determine the effect on taxpayers for 85 incidents due to a lack of details in the incident documentation. A separate test of 100 laptop computers currently in use by employees determined 44 laptop computers contained unencrypted sensitive data, including taxpayer data and employee personnel data. In addition, 15 of the 44 laptop computers had incorrect settings that would allow anyone to bypass the password controls and access the contents on the laptop computer. Consequently, it is very likely that a large number of the lost or stolen IRS computers contained unencrypted data that could be easily accessed and read by persons gaining possession of the computers. Also, backup tapes were not encrypted and adequately protected at non-IRS offsite locations reviewed."

  • * Study Examines Wikipedia's Use of Open Access Research and Scholarship
    From First Monday this month, What open access research can do for Wikipedia, by John Willinsky: "This study examines the degree to which Wikipedia entries cite or reference research and scholarship, and whether that research and scholarship is generally available to readers. Working on the assumption that where Wikipedia provides links to research and scholarship that readers can readily consult, it increases the authority, reliability, and educational quality of this popular encyclopedia, this study examines Wikipedia's use of open access research and scholarship, that is, peer-reviewed journal articles that have been made freely available online."

    * Committee Requests Information from the Director of National Institute of Environmental Health Sciences
    "Chairman Waxman and Subcommittee Chairman Kucinich have requested information on the plan by Dr. David Schwartz, the Director of the National Institute of Environmental Health Sciences (NIEHS), to privatize Environmental Health Perspectives, a leading journal on environmental health read in over 190 countries. The Oversight Committee also requested information relating to Dr. Schwartz's conduct as NIEHS Director."


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