EUROPOL: coordinating the fight against serious and organised crime
Source: UK- House of Lords Select Committee on European Union
From the Foreword:

Europol, the European Police Office responsible for coordinating the fight against serious and organised crime, began operations from its headquarters in The Hague in 1999. In January 2010 it will become an agency of the EU. The Council Decision bringing about this change in its constitution has made some amendments to its objects, powers, working methods and governance. Many of these changes are beneficial, so far as they go; but they do not go very far, and we believe this represents a missed opportunity.

The raison d’etre of Europol is the exchange of information for law enforcement purposes. It is a matter of particular concern that four fifths of the information exchanged by national liaison officers stationed at Europol is exchanged without actually going through Europol, and hence without being placed on Europol’s database and without being accessible to Member States other than those directly involved. The reason is a lack of trust: a reluctance on the part of Member States, especially at the early stages of an investigation, to share sensitive information with all Member States through the Europol channels. One way of improving this would be for Member States to station at Europol only officers and officials with the highest necessary security clearance.

In addition to simply facilitating the exchange of factual information, Europol analyses information to help the investigation of particular categories of crime. This is one of Europol’s success stories. Undertaking analysis of information is one of the differences between Europol and Interpol, a difference we explain more fully in Chapter 2.

The United Kingdom has been influential in persuading Europol to base its work on Organised Crime Threat Assessments: planning for future threats rather than reacting to past events. Much however remains to be done to persuade other Member States of the value of this, and of other modern policing methods.

+ Full Report (PDF; 3.2 MB)

U.S. Tort Costs Up Slightly in 2007; Significant Increases Anticipated for 2008
Source: Towers Perrin
From press release:

Fueled by the first increase in automobile accident frequency since 1999, tort costs in the United States rose by 2.1% in 2007, according to the 2008 Update on U.S. Tort Cost Trends from global professional services firm Towers Perrin. The $5.1 billion climb from 2006 costs marks the first cost escalation since 2005 and comes on the heels of a 5.6% decline in 2006.

Further, due to the continuing fallout of the 2007 subprime mortgage debacle and the current global financial crisis — as well as such factors as the impact of mercurial fuel prices on personal auto liability costs and the potential for increased activity in the area of employment practices liability — Towers Perrin is estimating that U.S. tort costs will increase 4% in 2008 and an additional 5% in both 2009 and 2010.

+ Full Report (PDF; 343 KB)

Court Orders Halt to Sale of Spyware
Source: Federal Trade Commission

At the request of the Federal Trade Commission, a U.S. District Court has issued a temporary restraining order halting the sale of keylogger spyware. According to the FTC’s complaint, the Florida-based CyberSpy Software, LLC marketed and sold RemoteSpy keylogger spyware to clients who would then secretly monitor unsuspecting consumers’ computers. The FTC seeks to permanently bar the unfair and deceptive practices and require the defendants to give up their ill-gotten gains.

According to papers filed with the court, the defendants provided RemoteSpy clients with detailed instructions explaining how to disguise the spyware as an innocuous file, such as a photo, attached to an email. When consumer victims clicked on the disguised file, the keylogger spyware silently installed in the background without the victims’ knowledge. This spyware recorded every keystroke typed on the victim’s computer (including passwords); captured images of the computer screen; and recorded Web sites visited. To access the information gathered and organized by the spyware, RemoteSpy clients would log into a Web site maintained by the defendants.

+ Federal Trade Commission v. CyberSpy Software, LLC, and Tracer R. Spence

USPTO 2008 Fiscal Year-End Results Demonstrate Commitment to Sustaining High Performance
Source: U.S. Patent and Trademark Office

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today released fiscal year-end numbers that demonstrate the agency’s commitment to sustaining high performance in the quality and timely examination of patent and trademark applications. For the first time the USPTO met 100 percent of its Government Performance and Results Act (GPRA) goals. The results are contained in the USPTO’s FY 2008 Performance and Accountability Report, which was released to the public today.

+ USPTO FY 2008 Performance and Accountability Report (PDF; 12.2 MB)

Policing in the 21st Century
Source: House of Commons Home Affairs Select Committee
From the Summary:

The police service is facing the challenge of a gradual yet significant expansion of its responsibilities. Greater clarity is needed as to its core role in the 21st century. Pressure to meet quantitative Home Office targets has often caused officers to prioritise trivial offences. We welcome the Government’s undertaking to replace top-down targets with locally-set priorities, and encourage greater use of officer discretion, backed by more effective supervision.

Public expectations of the police are not being met. The public want the police to be more active in dealing with minor crime and anti-social behaviour. The police should be more visible and more responsive to the public, and should give greater consideration to the needs of the victim in investigating crimes.

+ Full Document (PDF; 2.0 MB)

FTC Charges Internet Payday Lenders with Failing to Disclose Key Loan Terms and Using Abusive and Deceptive Collection Tactics
Source: Federal Trade Commission

The Federal Trade Commission and the State of Nevada have charged 10 related Internet payday lenders and their principals, based mainly in the United Kingdom, with violating federal and state law by not disclosing key loan terms to U.S. consumers and using abusive and deceptive collection tactics.

According to the complaint filed by the FTC and the State of Nevada, through Web sites such as www.cash2day4u.com, the defendants offered consumers loans of $500 or less within 24 hours without requiring a credit check, proof of income, or documentation. Consumers who applied for a loan on the defendants’ Web site were required to provide their bank account and Social Security numbers.

As stated in the complaint, the defendants’ representatives called applicants and told them that they qualified for a loan, typically around $200, that had to be repaid by their next payday with a fee ranging from $35 to $80. They explained that if the loan was not repaid by then, it would be extended automatically for an extra fee that would be debited from the consumer’s bank account “until the loan is repaid.” Consumers were required to give the defendants access to their accounts for payment of the fees. Some consumers were told to call the defendants before their payday to ask them to debit the full loan amount from their accounts.

+ Complaint for Injunctive and Other Equitable Relief (PDF; 123 KB)

Small Businesses Are America’s Innovators
Source: U.S. Small Business Administration, Office of Advocacy

Small businesses are the innovators of the American economy as they obtain many more patents per employee than larger firms, according to a study released today by the Office of Advocacy of the U.S. Small Business Administration. Moreover, their patents outperform larger firms on a number of measurements, suggesting that small firm patents in general are more likely to be technologically important than those of larger firms.
…
The report analyzes a database of 1,293 small and large technology firms and more than 1 million patent records between 2002 and 2006. An Analysis of Small Business Patents by Industry and Firm Size, written by 1790 Analytics, LLC, with funding from the Office of Advocacy, builds on earlier work of the authors in 2003 and 2004.

Not only do all small firms (<500 employees) obtain more patents per employee than larger firms, but the relationship seems to hold for all size classes. That is, firms with fewer than 25 employees have a higher patent per employee ratio than those with fewer than 50 employees and so on.

The authors found that during the period studied, small firms made up 40 percent of all firms with 15 or more patents. They also found that the smaller patenting firms are younger, with 56.5 percent under 15 years old, while 90 percent of the larger firms were 15 or more years old.

+ Research Summary (PDF; 73 KB)
+ Full Report (PDF; 387 KB)

Agencies Issue Final Rule to Implement Unlawful Internet Gambling Enforcement Act
Source: U.S. Department of the Treasury

The Department of the Treasury and the Federal Reserve Board today announced the release of a joint final rule to implement the Unlawful Internet Gambling Enforcement Act of 2006. The Act prohibits gambling businesses from knowingly accepting payments in connection with unlawful Internet gambling, including payments made through credit cards, electronic funds transfers, and checks.

The Board and the Treasury are required by the Act to develop a joint rule in consultation with the Department of Justice. The final rule requires U.S. financial firms that participate in designated payment systems to establish and implement policies and procedures that are reasonably designed to prevent payments to gambling businesses in connection with unlawful Internet gambling. The rule provides non-exclusive examples of such policies and procedures and sets out the regulatory enforcement framework. For purposes of the rule, unlawful Internet gambling generally would cover the making of a bet or wager that involves use of the Internet and that is unlawful under any applicable federal or state law in the jurisdiction where the bet or wager is initiated, received, or otherwise made.

+ Final Rule (PDF: 297 KB)

Winter, Secretary of the Navy, et. al. v. Natural Resources Defense Council, et. al. (PDF; 305 KB)
Source: Supreme Court of the United States

Held: The preliminary injunction is vacated to the extent challenged by the Navy. The balance of equities and the public interest—which were barely addressed by the District Court—tip strongly in favor of the Navy. The Navy’s need to conduct realistic training with active sonar to respond to the threat posed by enemy submarines plainly outweighs the interests advanced by the plaintiffs. Pp. 10–24. (a) The lower courts held that when a plaintiff demonstrates a strong likelihood of success on the merits, a preliminary injunction may be entered based only on a “possibility” of irreparable harm. The “possibility” standard is too lenient. This Court’s frequently reit- erated standard requires plaintiffs seeking preliminary relief to demonstrate that irreparable injury is likely in the absence of an injunc- tion.

Even if plaintiffs have demonstrated a likelihood of irreparable in- jury, such injury is outweighed by the public interest and the Navy’s interest in effective, realistic training of its sailors. For the same reason, it is unnecessary to address the lower courts’ holding that plaintiffs have established a likelihood of success on the merits. Pp. 10–14.

(b) A preliminary injunction is an extraordinary remedy never awarded as of right. In each case, courts must balance the competing claims of injury and consider the effect of granting or withholding the requested relief, paying particular regard to the public consequences. Weinberger v. Romero-Barcelo, 456 U. S. 305, 312. Military interests do not always trump other considerations, and the Court has not held that they do, but courts must give deference to the professional judgment of military authorities concerning the relative importance of a particular military interest. Goldman v. Weinberger, 475 U. S. 503, 507.

Resource Management of United States Attorneys’ Offices, Audit Report 09-03 (PDF; 3.1 MB)
Source: U.S. Department of Justice, Office of Inspector General

As of April 21, 2008, the USAOs employed 5,381 attorneys and 5,921 support personnel. The USAOs and EOUSA had a combined fiscal year (FY) 2008 budget of $1.755 billion. According to EOUSA officials, when including reimbursable funding the total budget managed by EOUSA was approximately $2 billion.
…
Our audit found that although funding and authorized full-time equivalents (FTE) for EOUSA (Executive Office for U.S. Attorneys) and the USAOs (United States Attorneys’ Offices) increased during our 5-year review period, USAOs have experienced a significant gap between allocated attorney FTEs and the number of FTEs that the USAOs are actually utilizing.2 EOUSA attributes this significant gap to rising expenses and budget constraints. Further, the average number of cases handled per USAO attorney FTE increased from FYs 2003 to 2007.
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Our audit found that although funding and authorized full-time equivalents (FTE) for EOUSA and the USAOs increased during our 5-year review period, USAOs have experienced a significant gap between allocated attorney FTEs and the number of FTEs that the USAOs are actually utilizing.2 EOUSA attributes this significant gap to rising expenses and budget constraints. Further, the average number of cases handled per USAO attorney FTE increased from FYs 2003 to 2007.

We also determined that the process used by EOUSA and the USAOs to allocate personnel resources has weaknesses. Specifically, EOUSA does not have reliable and specific data to make fully informed resource allocation decisions and to use in reporting statistical data to others, including to the Attorney General and Congress.

Fact Sheet: Supporting State and Local Law Enforcement Accomplishments 2001 – 2008
Source: U.S. Department of Justice

For the last eight years, the Department of Justice has provided innovative leadership to federal, state, local and tribal justice systems, disseminating state-of-the-art knowledge and practices, and providing grants for their implementation. The Department has supported law enforcement agencies at all levels as they adapt to new challenges in public safety, including threats to the homeland posed by terrorists and transnational crimes such as human trafficking and cybercrimes. The Department’s leadership and support in areas such as information sharing, DNA and forensics, and intelligence-led policing are preparing law enforcement to meet the demands of a global enforcement community. By promoting these state and local partnerships, the Department ensures that everyone works together towards a common goal: reducing crime and supporting programs that enrich communities and protect citizens.

See also: More Than $1 Billion Recovered by Justice Department in Fraud and False Claims in Fiscal Year 2008

Four in 10 Indian Country Jail Inmates Were Held for a Violent Offense
Source: Bureau of Justice Statistics

At midyear 2007, an estimated 4 in 10 inmates in Indian country jails were confined for a violent offense, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. Domestic violence (20 percent) accounted for the largest group of violent offenders, followed by simple or aggravated assault (13 percent) and rape or sexual assault (2 percent). Six percent of Indian country jail inmates were being held for unspecified violent offenses.

The percentage of Indian Country jail inmates held for drug offenses was unchanged from 2004 to 2007
(7 percent each year), and DWI/DUI offenses dropped, from 14 percent in 2004 to 8 percent in 2007.

Eighty-three jails in Indian country held an estimated 2,163 inmates at midyear 2007, up from 1,745 inmates held in 68 facilities at midyear 2004. The Indian country jail population increased an estimated 24 percent since 2004 when the last BJS Survey of Jails in Indian Country was conducted. The survey collects information from correctional facilities operated by tribal authorities in Indian country or by the Bureau of Indian Affairs, U.S. Department of the Interior.

+ Jails in Indian Country, 2007

Respect for International Law Is First Step in Reclaiming America’s International Leadership and Credibility
Source: The Century Foundation

To reclaim American leadership and credibility in resolving the many deepening crises on America’s international agenda, the next administration must move swiftly to reverse the U.S. rupture with international law and institutions of the past decade, writes the director of foreign policy programs at The Century Foundation in a new policy brief.

In “First Steps Toward Restoring American Leadership: Legality Matters,” Jeffrey Laurenti argues that the collapse of America’s global standing during this decade—a direct consequence of Washington’s most cherished assumptions about power and exceptionalism superseding traditional commitments to respecting international law—has real and measurable consequences in shriveled U.S. capacity to influence events worldwide. Allied governments hang back from American military engagements, reject Washington’s candidates for international leadership posts, and circumvent U.S. opposition to chart global policy on issues from climate change to international justice.

The brief outlines the deteriorating respect for international legality in Washington since movement conservatives gained ascendancy in America’s foreign policy machinery after 1980, on issues ranging from payment of treaty assessments, rulings of the International Court of Justice, human rights obligations on torture and war prisoners, and the use of force. The United States had honored those legal commitments without harm to America’s core interests from the presidencies of Truman and Eisenhower to those of Ford and Carter, Laurenti underscores, and it needs to reverse recent years’ ideological detour.

+ Full Document (PDF; 704 KB)

New Requirements for Controlling Manure, Wastewater from Large Animal Feeding Operations
Source: U.S. Environmental Protection Agency

EPA has finalized a rule helping to protect the nation’s water quality by requiring concentrated animal feeding operations (CAFOs) to safely manage manure. EPA estimates CAFO regulations will prevent 56 million pounds of phosphorus, 110 million pounds of nitrogen, and 2 billion pounds of sediment from entering streams, lakes, and other waters annually.

“EPA’s new regulation of animal feedlots sets a strong national standard for pollution prevention and environmental protection, while maintaining our country’s economic and agricultural competitiveness,” said Assistant Administrator for Water Benjamin H. Grumbles. “This clean water rule strengthens environmental safeguards by embracing a zero discharge standard and requiring site-specific management plans to prevent runoff of excess nutrients into our nation’s waters.”

+ Concentrated Animal Feeding Operations (CAFO) - Final Rule

The Federal Bureau of Investigation’s Terrorist Threat and Suspicious Incident Tracking System, Audit Report 09-02 (PDF; 1.3 MB)
Source: U.S. Department of Justice, Office of Inspector General

From July 2004 through November 2007, the FBI documents approximately 108,000 potential terrorism-related threats, reports of suspicious incidents, and terrorist watchlist encounters in Guardian. The FBI determined that the overwhelming majority of the threat information documented in Guardian had no nexus to terrorism. However, as a result of information reported in Guardian the FBI originated over 600 criminal and terrorism-related investigations from October 2006 to December 2007.
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We found that Guardian represents a significant improvement over how the FBI tracked and handled threat information in the past because it provides users with the ability to enter suspicious activity and threat information and manage threat assessments through an automated electronic workflow process. However, we also found important aspects of Guardian that need improvement.