Standing Committee on
Legal Technology
August 2003 VOL. 11, NO. 1
Statements or expressions of opinion or comments appearing herein are those of the editors or contributors, and not necessarily those of the association or section.
(Notice to librarians: The following issues were published in Volume 10 of this newsletter during the fiscal year ending June 30, 2003: October, No. 1; December, No. 2; February, No. 3; April, No. 4.)
Contents
* TechnoLawyer.com: No strings attached--Cutting the cord with a wireless law practice
By Rick Turner
Courtroom technology subcommittee to visit Dirksen Building
The subcommittee considering issues pertaining to updating courtroom technology is arranging a visit to the Federal District Court for the Northern Dist., Eastern Division, through the assistance and contacts provided committee member David Clark. We hope to get a tour of the nuts and bolts of equipping a courtroom with technology for trial presentation and recording and hope to report back later this year with findings and recommendations. While state court budgets in a lousy economy have come under heavy pressure in counties throughout the state, there are, at the same time, many counties in the process of remodeling or adding-on to existing court facilities. It is much more cost-effective to consider electronic trial presentation and recording technology in the course of construction than at a later date when it becomes "a must." Many of us feel that in-place trial presentation technology will become a necessity in the very near future, just as many courts have either already adapted or are considering adapting remote audio recording and stenography with the freeze on hiring official court reporters. We will move forward and hope to keep you updated as we do.
LawEd seminar on Internet legal research and Web site resources in planning
In the planning stages is a CoLT-sponsored seminar for this fall on Internet resources for attorneys. This should be an interesting update for practitioners on what is out there in Web-based information retrieval that can assist law offices, particularly free resources. Topics we are looking at include navigating the State of Illinois legislative site; finding state resources for administrative searches and filing; navigating the Illinois Supreme Court site; finding information, forms and resource information in federal systems; free Internet resources and confidentiality and security issues. Many of you have utilized West's publication The Legal List, authored by Diana Botluk, a resource of information available free on the Web and one I would recommend for your research projects. We hope to expand on this concept, but with topics geared to the Illinois practitioner. It is anticipated that this will be a half-day seminar. Adrienne Albrecht is helping to coordinate planning on this.
Current topics and issues before the Committee
Matters under consideration recently by the Standing Committee on Legal Technology include the ongoing progress with the Illinois Integrated Justice Information System, state legislation under consideration to control spamming, progress in updating our Boot Camp presentation/program.
In light of 9/11, federal funds have become available to the individual states to control terrorism, which Illinois may be in a position to utilize to help fund IIJIS in the effort to coordinate information databases in the area of law enforcement to allow easier sharing of information among agencies that might benefit from such information sharing.
The Committee was somewhat split on the issue of attempting to control spamming legislatively. Bills have appeared in Springfield and will probably continue to appear as spamming becomes as obnoxious or possibly worse than the unsolicited and ubiquitous telemarketer call during dinner. First amendment concerns and issues with respect to protected commercial speech are going to be balanced by the public's desire to be protected from the barrage of unsolicited e-mail.
Contractual negotiations are underway to develop program materials for the CoLT Boot Camp update, being put together with Kankakee Community College. These updated materials on word processing, spread sheet application, and other utilities will be incorporated into a professional presentation for members of the ISBA who wish to attend the Boot Camp to either obtain basic information or update their knowledge of these applications. ISBA's legal department is working with KCC to hammer out agreements to address intellectual property and proprietary concerns before getting ready to schedule the Camp.
TechnoLawyer.com: No strings attached--Cutting the cord with wireless law practice
By Ross L. Kodner
Introduction
Those frustrating cables--they're everywhere! Intertwining and connecting seemingly plug-incompatible gadgets in our laptop cases; tangling purses and briefcases in a snakelike mass of plastic-encased cords; connecting Palms to PCs; going from headsets to cell phones; "conveniently" linking us to printers (when sometimes the cables weigh more than the laptop); stretching to scanners; retracting (or not) from telephones; coiling like a garden hose around the legs of our chairs while connecting us to a network. Arrgh! Enough!
It's time to banish the cable headache once and for all. Wireless technology is the answer. It's hard not to hear about the rise in wireless devices today. From network connections for our laptops and Palms to wireless earphones for our cell phones, wireless e-mail, wireless Internet "hot spots," the practice of "warchalking" sidewalks to note wireless Internet access points in metro areas--we're walking in a wireless wonderland, and just in the nick of time.
What kinds of wireless devices make sense for lawyers? Why, many pragmatic wireless devices and applications exist for lawyers and their staff, for firms of all sizes and for practices of all types. Several key wireless technologies recently have gone past being de rigueur and have morphed into "must haves." What sort of setup makes sense for you? Different methods for wireless connections, including WiFi (otherwise known as "Wireless Ethernet") and its short-range cohort, Bluetooth technology, have appealing features that may serve you well.
Wireless networking
Most law firms with more than one PC have them networked together to share data, programs, and peripherals such as printers and backup systems. Traditionally, this network has involved some kind of interconnecting device (typically referred to as a "hub" or a "switch") and cables to actually connect the device to the PCs. Firms that planned ahead and installed network cable outlets in many places throughout their offices have had the luxury of being able to sit and work, connected to their networks (and via them to the Internet) at any of these "cable points." But what happens when one of the lawyers wants to sit in the library with laptop in hand and get work done, surf the Net, and so forth? How about the office's kitchen area? What if there aren't any cable points there? The localized nature of cable points has meant there has been no practical way to access from all points in an office the network documents, calendars, the Internet, or even e-mail. And that, today, just isn't acceptable.
Switch gears and consider computing in your home. In more and more families, all members have their own PCs. Add a speedy new cable modem to access the Internet and you end up with a chaotic logjam--everyone wants to access the Net at the same time. Spending hundreds, if not thousands, to run network cabling in an existing home is not an appealing option. In the interest of family harmony, if not just plain convenience, finding a way to wirelessly share printers and Internet connections becomes a necessity. Wireless networking technology isn't new. For a number of years there have been methods, usually oriented to home users, for connecting PCs without the need for a physical cable connection. Until relatively recently, however, none of these methods has been very workable or reliable...or affordable. With the advent of a new generation of wireless network technology, based on the virtually ubiquitous Ethernet system for connecting PCs and peripherals, a new era of wireless connectivity has dawned. Many predict that those leveraging some version of 802.11x wireless network technology (often referred to as WiFi) may eventually outnumber the corded set among us. WiFi, currently available in several numerical flavors, is the most popular wireless networking technology. A cableless derivative of tried-and-true Ethernet network, it is now standard equipment in many laptops, some printers, some Palm-sized devices, and even some LCD projectors. The technology is successful because, well, it actually works. The most common form is called 802.11b. This system sends and receives information via a device called a wireless access point at 11 Mbps (megabits per second: remember to divide by 8 to get "megabytes per second"), with some systems capable of "turbo" mode at double that speed. If you purchased a laptop in the last 18 months that has wireless capability, it likely uses the 802.11b transmission standard. Practical operating ranges extend to about 1,000 feet under perfect conditions, but actually more like 200 feet inside a building--more than adequate to take one's laptop outside onto the deck at home or into the office's conference rooms. A wireless access point is a small box that connects to your existing network. It adds the whole network to communicate wirelessly with the wireless-equipped devices on your network. Some wireless access points, often designed for home use, also incorporate a router to allow shared access to a cable modem or DSL Internet connection and often standard network hub capabilities to interconnect cabled network components. They sometimes include Internet firewall capabilities as well: consider them the multifunction devices of the networking world. Popular makers include Linksys, D-Link, U.S. Robotics, Netgear, Orinoco (Lucent Technologies), Cisco, 3COM, and even Microsoft. Typically, a wireless access point/cable and DSL router/network hub will cost between $90 and $200 for home-oriented units to as much as several thousand for high-capacity, high-security units intended for larger offices.
The next piece of the puzzle is the wireless "card"-- the component either built into a PC or printer, or added to one that communicates with the wireless access point. More and more laptops, and even several higher-end Palm-sized devices, have wireless capability (generally following the 802.11b standard) built-in. If not, a wireless PC card can be added to a laptop for between $50 and $150. For desktop PCs, the options are internal PCI cards or external USB wireless adapters, which cost between $50 and $125. It is also possible to connect non-PCs wirelessly--devices with Ethernet networkability such as printers, some scanners, and yes, even the new "Internet-enabled refrigerators." This is done with a device called a "wireless bridge," offered for about $100 by companies such as Linksys. Security is always an issue with a network, so it is even more so when all those bits and bytes float through the air. The 802.11b standard uses a security system called WEP (wired equivalent privacy). Unfortunately, this method hasn't lived up to its acronym and has been proven to be penetrable. Even though WEP is only somewhat effective at securing wireless network transmissions, it is still far better to turn it on than not. Also, every wireless network has a special identifier called an SSID. This is essentially an identifying code that is exchanged between the wireless access point and PCs trying to connect with it. It is critical to reset the SSID on a new wireless access point (and on the PCs connecting to it) to something other than the default setting. At a minimum, this can prevent unauthorized wireless-equipped users from "leveraging" your wireless network connections. The newer 802.11g systems employ far more sophisticated security capabilities--WEP on steroids, so to speak. While some clever hacker may someday demonstrate that the security of the "g" system can be broken, it hasn't happened yet. This, along with connection speeds nearly fives times faster, is a compelling reason to invest in a "g" system. The future of WiFi? More and more companies are embedding WiFi capability into an ever-widening array of devices. Wireless access points in public locations are multiplying rapidly. Hotels are exploiting 802.11b technology to create wireless zones in their properties, which is much less costly than offering high-speed Internet access to guests by installing physical cabling to every guest room. Companies like Wayport are leading the charge in hotels. Many Starbucks locations around the country are offering T-Mobile's version of 802.11b access, with online charges offered daily or by monthly subscription. Services like Boingo offer a flavor of 802.11b at hundreds of access locations nationwide. Laptop maker Toshiba is teaming up with Circle K convenience stores to offer wireless zones. (Hmm...high-speed Net access, a tank full of unleaded premium, and Twinkies: why does that combination seem so dangerous?) Expect to see more and more 802.11b access points nationwide.
A long view on a short approach
WiFi is not the only wireless system for connecting electronic gizmos. A standard called Bluetooth has been in the offing for years and is now coming to fruition. Bluetooth is a short-range transmission system intended for interconnecting personal devices into what some have referred to as a PAN (personal area network). Examples of Bluetooth capabilities include cordless communication between an earphone/headset and a cell phone. Or how about a cell phone and a PDA that "talk" to each other when they're in range and automatically synchronize their contact lists? Consider a Bluetooth-enabled PDA that can print its content to a Bluetooth-equipped laser printer. Bluetooth devices have an effective transmission range of about 30 feet. Future possibilities could include capabilities that would synchronize a PDA's street map software to a future Bluetooth-equipped car's in-dash navigation system. Another short-range wireless connection approach is infrared (IR) technology. Familiar to many as the system that makes your TV's remote control work, the technology has been available in PCs for some time. Most PDAs have an infrared system. This can be used to beam information between PDAs or to connect PDA and PC, sans cables, to synchronize their information. Some printers also have IR capability, allowing an IR-equipped laptop or PDA to print without a bulky parallel cable or USB connection. Very convenient to be sure, but it is also very short range, and it requires a direct line of sight between connected device, unlike Bluetooth and WiFi, which are radio frequency transmission systems with no direct line of sight required.
The wireless Net
Let's take wireless a step further into the realm of portable Internet Web and e-mail access. While the capabilities of cell-like Net arrangements, as well as paging systems, have been available for quite some time, we are just now seeing fast enough speeds to make the effort worthwhile. Using the platform of 2.5G and 3G cell transmission systems, companies like Verizon are offering relatively high-speed wireless Internet access in a growing number of metro areas around the country. This access really does work and uses a PC card with an antenna. However, it requires another monthly fee, and the coverage areas are currently limited. Expect this approach, with its staggering costly infrastructure, to likely lose out to much more economical wireless WiFi access points in many public locations. But if you need an often-on Internet connection, these systems are worth exploring.
Devices that look either like traditional alphanumeric pagers or like PDAs have become very popular. The most popular items in this category are made by RIM Technologies and use a thumb board to enter text (you type with your thumbs--although it sounds silly, it's possible to quickly become quite speedy). The name "Blackberry" has become synonymous with these devices that send and receive Internet e-mail and can provide PDA-like functions. Blackberry is one of the software systems used by the RIM e-pager devices. Costs range from $300 to $600 for the devices with monthly service fees from $20-$60. A Blackberry competitor of note is the product from Good Technology with service offered by Cingular Wireless. This product is worth a look for its cradle-free real-time synchronization with firms using Microsoft Outlook and Exchange Server software
Conclusion
So whether WiFi, Bluetooth, or Infrared, or Wireless Net or the Blackberry e-pager approach, the future of wireless technology is not only bright, but also growing explosively. The lure of a cordless world is one that few can resist and one that all well-connected lawyers should explore.
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Ross Kodner, a lawyer, is the founder of MicroLaw, Inc., a legal technology consultancy. He is a member of the GP/Solo Technology & Practice Guide Editorial Board, and was also the recipient of the 1999 TechnoLawyer Legal Technology Consultant of the Year Award as well as 2002's Contributor of the Year Award. You can contact Ross via e-mail<rkodner@microlaw.com>
This article originated in TechnoLawyer, a popular legal technology and practice management resource that consists of a network of free, critically-acclaimed e-mail newsletters, and a searchable Web-based repository of all TechnoLawyer content since January 1997. To join, search, or learn more about TechnoLawyer, visit the following Web site: <www.technolawyer.com>.
By Hon. James M. Bumgarner, Retired Circuit Court Judge, Hennepin, IL
If you are presently a member of VGTOF, Capps, TIA, or TIDISDM, you are also a member of RISSNET. What's good about this? If you are stopped by law enforcement, with a little bit of luck, you could be reported as a terrorist.
As for VGTOF, prior to 9/11 the FBI had a database used to track gangs. It was launched in 1995 and was called the Violent Gang and Terrorist Organization File (VGTOF).1 The Terrorist part of the file held a back seat until the attack on the World Trade Center. Immediately, terrorism assumed the primary emphasis. And now this database has been expanded to include all subjects of FBI domestic and international terrorist surveillance. Who knows how you get on this list? Travel abroad? Make large currency transactions? Make a contribution to the wrong charity?
Speaking of Capps,2 if you are a member of Capps, you don't necessarily have membership in other surveillance lists. To become a member, pay cash for a one-way airline ticket just prior to flight, or for a round-trip ticket to Columbia with return the same day as arrival. In this way, you can join Capps as a suspect (Computerized Airline Passenger Profiling).3 To become a preferred member, use a credit card, make a reservation in advance, and have a frequent flier's account. Then you can, more or less, count on Capps to make you less subject to airport searches.
Next consider TIA.3 This is the Pentagon's total information awareness database. It uses both government and commercial data. Michael J. Sniffen stated, "To thwart terrorists, the Pentagon is developing a computer surveillance system that would give U.S. agents fingertip access to government and commercial records from around the world that could fill the Library of Congress more than 50 times. The library's collection of more than 18 million books would be dwarfed by the size of the computerized files the government wants to mine for clues that terrorists are planning attacks."4 You'd have to be well hidden to avoid this list.
The fourth acronym is TIDISDM.5 This is the FBI's Terrorism and Intelligence Data Information Sharing Data Mart. This database already has more than one billion documents with up to one thousand new documents being added per day. In addition, it will be connected to the databases of the Pentagon, the Drug Enforcement Agency, the Bureau of Alcohol, Tobacco and Firearms, the State Department Visa files, telephone records, and state and local files. Such voluminous records would be useless without search-enabling software that also has capability to analyze and predict. This software is in use with improvements in process.
Lastly, RISSNET.6 This is law enforcement's Regional Information System Network. It existed prior to the September 11th attacks but now has been heavily funded. Through it, police can post information about law breakers whether or not convicted. Police agencies are combining their files with the FBI's into a single database. And the police intelligence network called RISSNET has emerged as a national bulletin board for police to post information about people suspected, but not necessarily convicted of, criminal activity.
Text mining.7 This term is also synonymous with the term "Data Mining." Officials avoid these characterizations. People might link this with an improper violation of privacy. Even so, properly used, mining these databases can be of immense help to law enforcement. But massive databases, as is clear to everybody, are useless without a good search system. Even such a system is not sufficient unless you know what you are looking for. As mentioned previously, an analytical system, in place and being improved, is used to suggest solutions to crimes and to predict possible terrorist activity.
The foregoing is a brief description of some of the government sources for uncovering and tracking criminal and subversive activities. Formerly, these two aspects of intelligence were separate. So was foreign as opposed to domestic intelligence gathering. Moreover, they were also not linked to agencies that operated either exclusively in or outside the borders of the United States. Clearly, under these procedures, we are safer from criminal and terrorist attacks. But for every bit of security we buy, we sell a bit of freedom. While use of this information, is closely regulated, regulations can be violated. The only real safeguards are those provided by our courts. As lawyers, we must make sure of this.
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1. NCIC 2000. Violent Gang and Terrorist Organization File (VGTOF) <http://www.state.oh.us/ohiostatepatrol/office/otis/ ncic2000/VGTOF.pdf>.
2. September 05, 2002. "Vast Airline Passenger Profiling Scheme Moving Forward." <http://www.privacy.org/archives/ 001061.html>.