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Friday, September 7, 2007

beSpacific - September 6, 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
September 06, 2007

Headlines
  • DHS Response to GAO Report on Implementation of Mission and Management Functions
  • EPA OIG Report on Chesapeake Bay Watershed
  • FEC Applies Media Exemption to Political Blogs
  • DOJ OIG Follow-Up Audit of the Terrorist Screening Center
  • Federal Court Strikes Down National Security Letter Provision of Patriot Act
  • DHS OIG Audits of FEMA Debris Removal After Katrina and TSA Oversight of Aircraft Cargo Security
  • Google Adds New Features to Book Search and Advanced Search
  • Consumer Reports Poll: 89 Percent of Americans Want Lawmakers to Restrict the Use of Social Security Numbers
  • DOJ Comments on "Network Neutrality" in FCC Proceeding
  • 9/11/2007 - Sixth Anniversary
  • Today's GAO Reports
  • Seek and Ye Shall Find? State CIOs Must Prepare Now for E-Discovery
  • National Institute of Standards and Technology Guidelines on Active Content and Mobile Code
  • DOT OIG Analysis of Loss of Control Over Sensitive Personally Identifiable Information


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* DHS Response to GAO Report on Implementation of Mission and Management Functions
"The Department of Homeland Security has provided response and comments on the report submitted by the Government Accountability Office (GAO) entitled Department of Homeland Security, Progress Report on Implementation of Mission and Management Functions. Although the GAO recognized progress in certain performance expectations, the Department disagrees with many of their assessments, conclusions and methodological approach. The Department has provided the GAO with a detailed response and makes it available here.
  • Read the letter from Under Secretary for Management, Paul Schneider (PDF 4 pages) to U.S. Government Accountability Office Comptroller General, David Walker.
  • Read the Department comments on the GAO report. (PDF 38 pages) Department of Homeland Security, Progress Report on Implementation of Mission and Management Functions

  • * EPA OIG Report on Chesapeake Bay Watershed
    2007-P-00032 Federal Facilities in Chesapeake Bay Watershed Generally Comply with Major Clean Water Act Permits [Report PDF - 15 pages] [At a Glance PDF] September 5, 2007.

    * FEC Applies Media Exemption to Political Blogs
    Press release: "The Federal Election Commission announced today that it has unanimously resolved two complaints alleging that Internet blog activity is subject to Commission regulation, finding that the activity is exempt from regulation under the media or volunteer exemption. In Matter Under Review (MUR) 5928, the Commission determined that Kos Media, L.L.C., which operates the website DailyKos, did not violate the Federal Election Campaign Act. The Commission rejected allegations that the site should be regulated as a political committee because it charges a fee to place advertising on its website and it provides "a gift of free advertising and candidate media services" by posting blog entries that support candidates. The Commission determined that the website falls squarely within the media exemption and is therefore not subject to federal regulation under the Act...In MUR 5853, the Commission rejected allegations that Michael L. Grace made unreported expenditures when he leased space on a computer server to create a "blog" which advocated the defeat of Representative Mary Bono in the November 2006 election. The Commission also rejected allegations that Grace coordinated these expenditures with Bono's opponent in the race, David Roth, and found that no in-kind contributions to Roth's campaign resulted from Grace's blogging activity. The Commission also found that the respondent did not fraudulently misrepresent himself in violation of 2 U.S.C. § 441h."

    * DOJ OIG Follow-Up Audit of the Terrorist Screening Center
    Department of Justice, Office of the Inspector General, Audit Division: Follow-Up Audit of the Terrorist Screening Center, Audit Report 07-41, September 2007, Redacated for Public Release, (106 pages, PDF)
  • Washington Post: "The government's terrorist screening database, the master watch list used to scrutinize 270 million people each month, continues to be marred by errors and inconsistencies that can result in the detention of innocent people and increase the chances a terrorist could slip through, according to a Justice Department report released today."

  • * Federal Court Strikes Down National Security Letter Provision of Patriot Act
    ACLU press release: "A federal court today struck down the amended Patriot Act's National Security Letter (NSL) provision. The law has permitted the FBI to issue NSLs demanding private information about people within the United States without court approval, and to gag those who receive NSLs from discussing them. The court found that the gag power was unconstitutional and that because the statute prevented courts from engaging in meaningful judicial review of gags, it violated the First Amendment and the principle of separation of powers."
  • Doe v. Gonzales - Opinion Decision and Order (9/6/2007)
  • Related postings on National Security Letters

  • * Google Adds New Features to Book Search, Advanced Search, Google Reader
  • Google Launches New Features to Collect, Share, and Discover New Books - ComputerWorld: "Users may now..."create and search their own library built on Google Book Search, so they can organize, annotate and do a full text search through the books they have chosen...share their expertise by allowing them to annotate their libraries with labels, write reviews, rate books and then share their collections with others by sending them a link to their libraries...Explore popular passages...Select, clip and post text, allowing users to grab selections of text from out-of-copyright books to share their favorite passages or quotes with others." [Google Book Search blog posting]
  • PC World - "starting today, there's a search box at the top of Google Reader."
  • Search Engine Roundtable: "The Google Advanced Search page has added new date parameters to the date option drop down. Prior, I believe they only had the option to choose by the past 3, 6 or 12 months. Now you can also search by past 24 hours, week, month or 2 months."

  • * Consumer Reports Poll: 89 Percent of Americans Want Lawmakers to Restrict the Use of Social Security Numbers
    "As Congress and federal regulators consider proposals aimed at reducing the risk of identity theft, a national poll by the Consumer Reports National Research Center reveals that an overwhelming majority of Americans want lawmakers to restrict the use and availability of Social Security numbers by businesses and government agencies. According to the poll, 89 percent of Americans agree that state and federal lawmakers should pass laws restricting the use of Social Security numbers. Social Security numbers are particularly sensitive information because they can provide the key to unlocking a consumer's financial identity...Consumers Union released the poll results in comments filed with the Federal Trade Commission (FTC), which is studying the collection and use of Social Security numbers by the private sector. Several pending congressional proposals would restrict the sale, purchase, and display of Social Security numbers. Consumers Union recommends that the sale and purchase of the numbers be tightly restricted and that solicitation be prohibited except where required by law or where needed for credit, employment, tax compliance, or investment purposes."
  • Summary of Social Security Number Privacy Legislation Under Active Consideration in House and the Senate, as of September 5, 2007 and the full text of H.R. 3046

  • * DOJ Comments on "Network Neutrality" in FCC Proceeding
    Press release: "The Department of Justice cautioned against imposing regulations that could hamper the development of the Internet and related services in response to a Federal Communications Commission (FCC) Notice of Inquiry regarding broadband practices. In its filing the Department said that some regulatory proposals offered by various companies and organizations in the name of "net neutrality" could deter broadband Internet providers from upgrading and expanding their networks to reach more Americans." [Peggy Garvin]
  • Ex Parte Filing In the Matter of Broadband Industry Practices (09/06/2007)

  • * Today's GAO Reports
    The Government Accountability Office (GAO) today released the following reports, correspondence and testimony:
    Reports
  • Department of Homeland Security: Progress Report on Implementation of Mission and Management Functions. GAO-07-454, August 17, 2007
  • Employer-Sponsored Benefits: Many Factors Affect the Treatment of Pension and Health Benefits in Chapter 11 Bankruptcy. GAO-07-1101, September 6, 2007
  • Climate Change: Agencies Should Develop Guidance for Addressing the Effects on Federal Land and Water Resources. GAO-07-863, August 7, 2007
  • Defense Acquisitions: DOD's Research and Development Budget Requests to Congress Do Not Provide Consistent, Complete, and Clear Information. GAO-07-1058, September 5, 2007
    Correspondence
  • Military Base Realignments and Closures: Observations Related to the 2005 Round. GAO-07-1203R, September 6, 2007
    Testimony
  • Department of Homeland Security: Progress Report on Implementation of Mission and Management Functions by David M. Walker, comptroller general of the United States, before the Senate Committee on Homeland Security and Governmental Affairs. GAO-07-1081T, September 6, 2007
    Presentations By The Comptroller General
  • "Enhancing Government Performance, Accountability, and Foresight" by David M. Walker, comptroller general of the United States, at the Nanjing Audit University of China, in Shanghai, China. GAO-07-1227CG, August 26, 2007
  • "The Evolving Role of Supreme Audit Institutions in Addressing Fiscal and Other Sustainability Challenges" by David M. Walker, comptroller general of the United States, at a seminar, "Future Fiscal Challenges and Performance Evaluation," hosted by the Korean Board of Audit and Inspection, in Seoul, South Korea. GAO-07-1226CG, August 31, 2007

  • * Seek and Ye Shall Find? State CIOs Must Prepare Now for E-Discovery
    NASCIO - Seek and Ye Shall Find? State CIOs Must Prepare Now for E-Discovery, September 2007: "In increasingly consolidated state technology environments, State CIOs may have heightened responsibility for the storage, preservation and retrieval of electronic information in response to e-discovery requests. Since government information is a knowledge asset, State CIOs must ensure the proper management of state information assets in addition to the technological infrastructure for locating and retrieving that information. This issue brief explains the impact for State CIOs of e-discovery requests and encourages State CIOs to pursue a holistic approach to enterprise records management as part of a team of state government stakeholders, including state legal counsel, archivists, records managers, and agency business leaders."
    Topic(s): E-Records

    * National Institute of Standards and Technology Guidelines on Active Content and Mobile Code
    August 31, 2007: Draft Special Publication 800-28 Revision 2 Guidelines on Active Content and Mobile Code (60 pages, PDF)
  • "SP 800-28 version 2 is now available for public comment. It provides an overview of active content and mobile code technologies in use today and offers insights for making informed IT security decisions on their application and treatment. Active content refers to electronic documents that contain embedded software components, including mobile code; examples of mobile code are JavaScript, VBScript, Java applets, and ActiveX controls. The publication gives details about the active content and mobile code threats, technology risks, and safeguards for end user systems. SP 800-28 version 2 updates the original version of SP 800-28, which was released in 2001. NIST requests comments on NIST SP 800-28 version 2 by October 12, 2007."

  • * DOT OIG Analysis of Loss of Control Over Sensitive Personally Identifiable Information
    Analysis of Loss of Control Over Sensitive Personally Identifiable Information and Follow-up Actions to Strengthen its Protection, August 28, 2007. Correspondence (23 pages, PDF)
  • Summary: "On August, 28, 2007 we issued a memorandum on our analysis of the circumstances surrounding the July 27, 2006 theft of an OIG laptop from a government vehicle in Doral, Florida and a prior theft that had occurred on April 24, 2006 from a hotel conference room in Orlando, Florida. Both laptops contained Sensitive Personally Identifiable Information (SPII) information on 138,000 individuals that heightened their potential risk of identity theft. Following our notification of the July theft, Members of the Florida congressional delegation requested that we examine our procedures for handling and storing such information and identify steps we have taken to ensure that such a breach would not happen again...We identified three interrelated factors that contributed to the loss of our control over the sensitive personal information stored on the laptops:(1) measures taken to protect the physical security of the laptops were insufficient; (2) the data on the laptops had been decrypted to preserve the data during an upgrade to the OIG's information technology (IT) system; and (3) SPII databases were stored on laptop computers, which are inherently less secure than computers that operate in a centralized environment. The memorandum also sets forth the steps we have taken to improve the physical security of our laptops and improve how sensitive personal information is handled and stored."


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