Legal Issues: Maritime Security
09/24/2007 - Two cargo security bills (S. 2459 and H.R. 4954) are pending in Congress. The two are companion bills. Lawmakers are expected to merge the two into a single bill. S. 2459, the GreenLane Maritime Cargo Security Act, has been approved by the Senate Homeland Security and Governmental Affairs Committee and has been taken up by the Senate. The bill would establish a program to certify all supply chain participants to increase security. The bill would also set minimum security standards for all cargo containers entering the United States and create a joint operations center to coordinate maritime commerce at a federal level. H.R. 4954, also referred to as the Security and Accountability for Every Port Act, or the SAFE Port Act, has been approved by the House and has now been taken up by the Senate. The bill would establish security standards for cargo containers and require nuclear and radiological detection screening at all U.S. seaports. The bill would also provide an extra $400 million annually in port security grants.
SM Online: International
09/24/2007 - The European Court of Justice has ruled that an information-sharing agreement between the United States and the European Union (EU) is invalid because it violates EU laws.
SM Online: Hiring \ Employment Issues
09/24/2007 - An appellate court has ruled that singling out an employee and monitoring his work is not harassment unless the monitoring results in an adverse employment action.
09/24/2007 - A federal appeals court has ruled that an employee violated federal law when he destroyed information on his employer’s laptop.
Legal Report: Port Security
09/24/2007 - A grocery store wasn’t held liable for detaining a patron mistakenly accused of theft. Also, legislation on port security, counterfeiting, and helicopter safety
Legal Report: Hiring \ Employment Issues
09/24/2007 - A bill (S.B. 186) currently under consideration in the West Virginia Legislature would provide employers immunity in disclosing information about former employees. Immunity would be waived, however, in cases where the former employer knowingly gives information that is false, disclosed with reckless disregard for the truth, deliberately misleading, or malicious.
Legal Report: Crime
09/24/2007 - A bill (H.B. 1205) introduced in the Missouri House of Representatives would make it illegal to alter or falsify drug or alcohol test results. The bill would also create the crime of transporting a biological sample or adulterant with the intent of falsifying test results.
Legal Report: Airport Security
09/24/2007 - A bill (H.R. 4439) that would overhaul the Transportation Security Administration (TSA) to increase aviation security has been approved by the House Homeland Security Committee’s Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity. The bill must now be taken up by the full committee to proceed. The bill would require that the TSA reorganize to focus resources on areas that are at greatest risk of terrorist attack and would mandate that the TSA create a program to instantaneously prescreen all international passengers traveling to the United States. The bill would also allow state and local governments to compete with federal contractors to provide airport security. Under the bill, the TSA would be required to create new training standards to help those who check documents to recognize fraudulent identification. Under the measure, the government would create an independent agency within the TSA to focus on airline passenger and baggage screening.
Legal Report: Travel Security
09/24/2007 - 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.
SM Online: Loss Prevention
09/24/2007 - 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.
Legal Report: Port Security
09/24/2007 - 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.
SM Online: How-to
09/24/2007 - 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.
09/24/2007 - 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.