INFORMATION

Site Map - Legal Issues

Intellectual Property

- A federal appeals court has ruled that an employee violated federal law when he destroyed information on his employer’s laptop.

Legal Report

- A grocery store wasn’t held liable for detaining a patron mistakenly accused of theft. Also, legislation on port security, counterfeiting, and helicopter safety

Immunity

- 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.

Drug testing

- 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.

Aviation security

- 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.

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.
 




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