INFORMATION

Site Map - Legal Issues

Document fraud

- A bill (S. 2631) introduced by Sen. Charles Schumer (D-NY) would prohibit the production, transfer, possession, and use of false travel documents. The bill has no cosponsors and has been referred to the Senate Judiciary Committee.

Counterfeiting

- A bill (formerly H.R. 32) that would prohibit trafficking in labels or similar packaging, with knowledge that a counterfeit mark has been applied to them, has been signed into law (P.L. 109-181). Under the new law, the definition of “counterfeit mark” includes any mark on a label or packaging that is substantially indistinguishable from a trademarked design, and that is likely to mislead consumers. Any article that bears a counterfeit mark will be subject to forfeiture.

Port security.

- A port security bill (H.R. 4954) has been approved by the House of Representatives. The Senate has placed the measure on its calendar, meaning that it will consider the bill. The bill, which will cost $7.4 billion, was approved by the House of Representatives with most of its original provisions intact.

Quick Bytes: Metrics

- Guide for Developing Performance Metrics for Information Security analyzes legislative requirements, describes linkages between strategic planning and information security, and explains types of performance metrics.

ADA

- A federal appeals court has ruled that, under the ADA, an employee need only request accommodation to trigger an employer’s obligation to provide appropriate accommodation.

Negligence

- A California court has ruled that a contract security guard company can be held liable for failing to fulfill its contract.

False Arrest

- A false arrest practical joke gone bad was not grounds for a lawsuit against the company, said a court.

Identity theft.

- Minnesota Governor Tim Pawlenty has offered several proposals designed to combat identity theft in the state. The proposals are currently under review by state agencies. They will subsequently be introduced in the Minnesota Legislature.

Aircraft security

- A bill (H.R. 4353) introduced by Rep. Christopher Shays (R-CT) would require that all passengers flying on aircraft that is also carrying uninspected cargo be notified by DHS. The passengers would be told that the aircraft’s cargo has not been screened for explosives or other hazardous materials.

Cargo security

- A bill (H.R. 4899) introduced by Rep. Jerrold Nadler (D-NY) would require that all cargo containers bound for the United States be scanned using the best-available technology—including radiation and density scanning—before they are loaded onto a ship. These scans would then be reviewed by U.S. security personnel before the container is loaded. Once scanned, the containers would be sealed with a device that would indicate whether the container has been tampered with in transit. Under the bill, this device would have to have the capability to notify officials if a breach has occurred before the container enters a U.S. port.

Privacy

- A bill (S. 2389) introduced by Sen. George Allen (R-VA) that would make it illegal to solicit, acquire, or sell another person’s confidential telephone records without that person’s consent has been approved by the Senate Commerce, Science, and Transportation Committee. A similar provision (S. 2178) has been approved by the Senate Judiciary Committee. S. 2178 would prohibit obtaining confidential phone records by fraud or any other unauthorized means from a telecommunications carrier or IP-enabled service provider. Under the measure, the sale of such records by anyone would be punishable by up to five years in prison. The penalty doubles for repeat violations within a 12-month period and for violations involving more than $100,000 or more than 50 customers. Law enforcement activities are exempt.

Harassment

- An employee may not claim harassment against her employer, because the company took action to respond to her complaints, rules the Third Circuit Court of Appeals.

Legal Report

- The Ninth Circuit on the ADA and mental illness; pending U.S. laws on counterfeiting, privacy, and transit; new legislation in Missouri and Virginia
 




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