Beyond Print
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September 2009
Beyond Print

Cybersecurity

The Obama Administration’s review of national cybersecurity policy finds a need for strong federal leadership in protection of this increasingly critical—and vulnerable—infrastructure.

    Fourth Amendment

    The strip search of a middle school student violated her Fourth Amendment right that protects against unreasonable search and seizure, ruled the U.S. Supreme Court. The Court ruled that the school’s zero tolerance policy for drugs on campus did not justify the search.

      Data Security

      When polled, 58 percent of employees said that their employer’s data protection policies were ineffective. About the same percentage said their employer failed to provide adequate data security awareness and training.

        Aviation Security

        General aviation—all flights other than commercial and military—poses limited risk to homeland security, according to the findings of a Department of Homeland Security Inspector General’s Office study.

          Terms of Service

          The terms of service (TOS) agreements companies post online can be complex. This site provides a way to instantly learn when a TOS agreement changes at about 50 leading online companies.

            Fraud Alerts

            A California court has ruled that companies providing an ID-theft-prevention service cannot place fraud alerts on consumers’ credit reports for them.

              Cybercrime

              The underground cybercrime economy may not be as large as some studies suggest, according to a recent Microsoft report. Estimates emphasize the value of black-market-listed goods, but many black-market participants are scammers and don’t really have the goods, stated the report.

                Counterfeit Drugs

                Fake and substandard medicines create public-health problems with global reach. Experts at an American Enterprise Institute panel discussion addressed the issue.

                  Identity Theft

                  The U.S. Supreme Court has ruled that a person cannot be convicted under a federal statute forbidding aggravated identity theft unless the person knowingly misappropriated the identities of others.

                    Foreign Aid

                    The leader of the Organisation of the Islamic Conference has called on the Obama administration to follow through on its promise to fight disease and promote public health in the Muslim world. Listen to his comments at an Atlantic Council event here.

                      Legal Report

                      U.S. Judicial Decisions: Sexual Discrimination

                      An employee who was fired after being accused of sexually harassing a coworker can sue his employer for sexual stereotyping, a form of sexual discrimination, according to recent appellate decision. The company did not conduct an investigation into the incident and told the alleged perpetrator that he probably did commit the harassment because he was a man.

                        U.S. Congressional Legislation: Chemical Facilities

                        A bill (H.R. 2868) intended to increase security at chemical facilities has been approved by the House Homeland Security Committee. It is now pending in the House Energy and Commerce Committee.

                          U.S. Congressional Legislation: Food Safety

                          A bill (H.R. 2749) that would give the Food and Drug Administration (FDA) greater regulatory powers over the U.S. food supply has been approved by the House Energy and Commerce Committee’s Subcommittee on Health. The bill now faces a vote before the full committee.

                            U.S. Congressional Legislation: Airport Screening

                            An amendment to the appropriations bill for the Transportation Security Administration (H.R. 2200) would limit the use of whole-body imaging technology for airport screening.

                              State Legislation: Georgia: Noncompete Agreements

                              A new law (formerly H.B. 173) would make noncompete agreements legal in Georgia if agreed to by the public in a referendum. The law is not allowed under the Georgia Constitution so, to take effect, it requires a public vote to change the constitution, Under the law, a former employee could be restricted from conducting activity that would compete with a former employer for a certain amount of time and within a specific geographic location. Former employees could also be prohibited from hiring or attempting to hire employees away from a former employer.

                                State Legislation: Utah: Background Checks

                                A new law (formerly H.B. 289) enacted in Utah would allow the state to conduct criminal records checks of volunteers who provide services to vulnerable adults.

                                  Elsewhere in the Courts: Defamation

                                  A restaurant owner may not sue a man who made negative remarks in an online forum. Ed Doherty, the owner of several restaurants, was quoted in an online article saying that respecting his employees was key to his success. Michael Murray, the father of a young woman who had sued Doherty, claiming she had been sexually harassed by restaurant managers when she worked for Doherty, posted a response to the article. Murray said that Doherty was “repugnant” and that his comments were untruthful. Doherty filed a defamation lawsuit against Murray. A New Jersey court dismissed the case, ruling that some of Murray’s statements were opinion and others were protected because they touched on issues of public concern. (Doherty Enterprises, Inc., v. Michael Murray, Superior Court of New Jersey, No. ESX-L-10079-08, 2009)

                                    Elsewhere in the Courts: Whistleblowers

                                    Robert MacLean, a former federal air marshal, was fired by the Department of Homeland Security (DHS) after he revealed in 2003 that the DHS planned to eliminate air marshals from high-risk flights to save money despite warnings of attempted terrorist incidents aboard aircraft. MacLean filed suit with the U.S. Merit Systems Protection Board, an administrative panel that conducts hearings into federal employment issues, claiming that he was illegally fired for his whistleblowing activities. The board disagreed, finding that MacLean could not be covered by whistleblower protection statutes because he disclosed sensitive security information. A whistleblower advocacy group says the ruling effectively eviscerates whistleblower protections. (MacLean v. Department of Homeland Security, U.S. Merit Systems Protection Board, No. SF-0752-06-0611-I-2, 2009)

                                     

                                       

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