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Medical Marijuana

- A federal appeals court has ruled that the ADA does not protect individuals against discrimination for the use of medical marijuana. Even though medical marijuana is legal in California, it is not granted legal status under federal law and is, therefore, not covered under the ADA.

Rail Safety

- Learn about rail industry programs to facilitate reporting of safety and security problems at the Citizens for Rail Security and Protect the Line Web sites.

Domestic Terrorism

- Find out what parts of the United States are more prone to terrorist violence than others over the last 30 years, according to a DHS-sponsored report.

ADA

- An employee with a condition causing unpredictable heart spasms may not pursue his claim of discrimination under the Americans with Disabilities Act (ADA). A federal appeals court ruled that the employee’s health condition posed a direct threat to safety because the job required him to operate heavy machinery.

Surface Transportation

- A report from the Mineta Transportation Institute analyzes case studies of terrorist attacks against surface transportation targets, including what time of day terrorists tend to strike.

Terrorism

- Jubair Ahmad has been sentenced to 12 years in prison for providing material support to a terrorist organization by producing a video, recruiting, and raising money for Lashkar-e-Tayyiba. Read more about the government’s evidence.

Encrypted Data

- The government may compel an individual to reveal the password to an encrypted hard drive if the government is already aware of what material resides in the hard drive, an appellate court has ruled.

Data Theft

- The U.S. Court of Appeals for the Ninth Circuit has ruled that an employee did not violate the federal Computer Fraud and Abuse Act (CFAA) when he downloaded confidential information from his employer with the intent to start his own business. The CFAA, the court noted, was designed to prevent hacking and does not apply in this case because the employee had access to the information for work purposes. The decision conflicts with CFAA rulings from the Fifth, Seventh, and Eleventh circuits.

Drug Testing

- A new Florida law requires that state employees be randomly tested for drugs and alcohol. Read the law to find out how the testing program will work and who will be tested.

Securing the Cities

- The Department of Homeland Security’s Directorate of Science and Technology gives an overview of the program to create a domestic nuclear and radiological detection infrastructure inside the United States.

Harassment

- A California appeals court has ruled that a company can be held liable for harassing statements made by employees on a blog. Even though the blog was accessed by employees while they were off-duty, the court ruled that once the company learned of the blog, it had a duty to act to stop the harassment.

DNA

- A federal appeals court has upheld a California law that requires DNA collection from all adults arrested for felonies in the state. The court ruled that the collection of DNA is similar to the collection of fingerprints, which law enforcement has routinely collected for decades.

Whistleblower Protection

- An employee of a privately held company (as opposed to a publicly held company that comes under regulatory authority of the Securities and Exchange Commission) is not covered by the whistleblower protections offered under Sarbanes-Oxley, according to a recent appellate decision. The employee is not protected even if his employer provides services to a public entity that is covered by the act.
 




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