Beyond Print
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February 2012
Beyond Print

Premises Liability

New York’s high court has ruled that The Port Authority of New York and New Jersey is immune from liability for the 1993 World Trade Center (WTC) bombing. According to the court, the port authority was acting in a “governmental capacity” at the time of the bombing and, thus, has legal immunity.

Gang Activity

The FBI released its annual gang threat assessment. The report found that numerous gangs have infiltrated the military.

    Mobile Devices

    This relatively inexpensive application can help track Apple and Android mobile devices and also offers a host of additional security features.

      Privacy

      A government employee may proceed with her invasion of privacy claim against her employer. The employee was filmed during a shower, and the images were posted on the computer network, available to all employees in the workplace.

      Employment

      A subcontractor is responsible for the actions of an employee who accidentally ran over another worker on a job site. An appeals court found that the employee furthered the overall progress of the project and “the resulting risk of injury was inherent to the enterprise.”

      Geomagnetic Storms

      The North American electrical power system could potentially collapse due to a giant geomagnetic storm. Congress has held hearings but critics say that not enough is being done. Read the testimony and judge for yourself.

        Social Media

        A student who created a MySpace page to ridicule another student is not protected by the First Amendment. A federal appeals court ruled that the school’s discipline of the student was permissible because “the student used the Internet to orchestrate a targeted attack on a classmate.” Other courts have ruled that students’ social media postings are protected so long as they do not cause disruptions and are created off school property.

          DNA

          A federal appeals court has ruled that authorities may take DNA samples from persons arrested but not yet been convicted. The justices wrote that the practice was reasonable given the arrestees’ diminished expectations of privacy and the legitimate interests in the collection of DNA from these individuals.

          Data Security Regulations

          The U.S. Department of Homeland Security and the U.S. Commerce Department have asked for feedback on ways to create a “voluntary industry code of conduct” to combat botnets. Read the comments online.

            Legal Report

            Hiring

            A new law (P.L. 112-56) contains an amendment that would provide employers with tax credits for hiring veterans who have been wounded or unemployed for long periods of time.

            Data Security

            A new bill (S. 1535) that would impose data security requirements on companies that handle personally identifiable information has been approved by the Senate Judiciary Committee. The Senate has announced that it will consider the measure.

            Documentation

            A bill (H.R. 2431) introduced by Rep. Bennie Thompson (D-MS) would make it a federal crime to use falsified travel documents. Under the measure, it would be illegal to produce, transfer, possess, or use false travel documents. The bill would also provide training for transportation security officers on the best methods to identify false documents.

            Crime Prevention

            A bill (S. 956) introduced by Sen. John Kerry (D-MA) would authorize grants to state and local police departments to implement anonymous tip programs using text messages. Under the bill, such programs would be administered locally and police would be required to strip the texts of any identifying information. Police departments would be required to train sufficient personnel to intercept and respond to the tips and to promote the program, especially to youths.

            Cybersecurity

            A new law (formerly H.B. 665) establishes a cybersecurity task force within the Maryland state government. The task force is designed to evaluate mitigation and prevention strategies to prepare for a cyberattack. The task force will also conduct a review of existing policies, standards, and best practices within state agencies to identify inconsistences and devise new programs.

            Preemployment Screening

            A new bill in Wisconsin (A.B. 286) will allow companies to refuse to hire or to terminate anyone who has been convicted of a felony and not been subsequently pardoned. An employer may also refuse to hire or may terminate anyone who has been convicted of a felony under circumstances that relate to the prospective employment, even if that person has been subsequently pardoned.

               

              ASIS 2012 Seminar