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.
SM Online: Guards \ Security Officers
09/24/2007 - A California court has ruled that a contract security guard company can be held liable for failing to fulfill its contract.
Legal Report: Legislation
09/21/2007 - A false arrest practical joke gone bad was not grounds for a lawsuit against the company, said a court.
Legal Report: ID issues \ Identity Theft
09/21/2007 - 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.
Legal Report: Airport Security
09/21/2007 - A bill (H.R. 4353) introduced by Rep. Christopher Shays (R-CT) would require that all passengers flying on aircraft that is also carrying uninspected cargo be notified by DHS. The passengers would be told that the aircraft’s cargo has not been screened for explosives or other hazardous materials.
Legal Report: Personnel Protection
09/21/2007 - A bill (H.R. 4899) introduced by Rep. Jerrold Nadler (D-NY) would require that all cargo containers bound for the United States be scanned using the best-available technology—including radiation and density scanning—before they are loaded onto a ship. These scans would then be reviewed by U.S. security personnel before the container is loaded. Once scanned, the containers would be sealed with a device that would indicate whether the container has been tampered with in transit. Under the bill, this device would have to have the capability to notify officials if a breach has occurred before the container enters a U.S. port.