Accurate, Focused Research on Law, Technology and Knowledge Discovery Since 2002

Monthly Archives: November 2003

Study on Legal Issues Associated With E-Mail Retention

The American Records Management Association Education Foundation sponsored a research project by John C. Montaña, J.D., titled Legal Obstacles to E-Mail Message Destruction (42 pages, pdf), published October 19, 2003. The report addresses risk management associated with e-mail retention, the definition and legal status of e-mail, state, federal and foreign government laws associated with the… Continue Reading

New Survey Indicates Growing Consumer Concern With ID Theft

A recently conducted customer information protection survey highlights increasing consumer concerns regarding the security of their personal data in online transactions, especially in the e-tail arena. The survey identifies specific companies (including American Express, eBay and AOL) and industries (including hospitals, pharmacies and banks) in whom respondents indicated particular trust. Continue Reading

Hearing on Freedoms After 9/11

“America after 9/11: Freedom Preserved or Freedom Lost?” Senate Judiciary Committee, Full Committee, hearing held November 18, 2003. Unfortunately, at this time no testimony or member statements have been posted online. However, here is a link to the testimony of the ACLU’s Nadine Strossen (thanks Marv!), to the testimony of the CDT’s James Dempsey, and… Continue Reading

Audit of Freedom of Information Requests Highlights Gov’t Delays

From the National Security Archive at George Washington University: Justice Delayed is Justice Denied – The Ten Oldest Pending FOIA Requests – Some FOIA Requests Wait More Than Ten Years Without Being Processed- Annual FOIA Reports Do Not Answer Congress’s Question: How Long Does a FOIA Requester Wait? [Link] The National Security Archive, Freedom of… Continue Reading

Internet Telephony Subject to FCC Regs in 2004?

In October I posted Minnesota Cannot Regulate Internet Telephony, and now note the growing interest on the federal level to regulate this technology by the end of 2004. On October 20, 2003 the Federal Communications Commission Technical Advisory Council (TAC) held a meeting on the topic of Voice over Internet Protocol (VoIP). The agenda is… Continue Reading

E-Mail Publisher’s Commentary on CAN-SPAM Act

The CAN-SPAM Act of 2003: Real Reform or Political Pork? by Neil J. Squillante: “Many of my peers in the online marketing industry claim that requiring permission (opting in) would destroy email’s commercial potential. I disagree and can personally attest to the fact that permission is good for business. If companies produce outstanding email newsletters… Continue Reading

Biometrics Increasingly Used to Monitor Employees

For most employees, gone are the days when “signing in” to work involved the use of pen and paper. Now employees are issued smart cards and other electronic IDs used in conjunction with scanners and sensors throughout their office buidlings. Biometric technology is apparently the latest timekeeping application to be implemented in the workplace, and… Continue Reading

Judge to Determine Policy on Linking to Stolen Docs. in E-Voting Machine Case

Judge Jeremy Foley, U.S. District Court, Northern District of California, will rule in the next several weeks on whether internal documents stolen from Diebold Inc., and posted to or linked from a range of personal, non-profit and university websites, must be removed due to copyright infringement. See my November 14 posting which details relevant information… Continue Reading

Fair Credit Reporting Act Jeopardizes Protections Provided by State Legislation

“As Congress moves into the final wrangling over an update to the Fair Credit Reporting Act designed in part to slow the growth of identity theft, victim advocates are complaining the legislation might actually make things worse. The central issue is one of the oldest debates in American politics: states’ rights vs. a strong central… Continue Reading