Site Map - Legal Issues

Legal Report

- An employee can be prosecuted under federal computer crime laws for accessing a proprietary da­tabase for the purpose of defrauding his company. Though the federal law was designed to prevent hacking, it also applies to theft of proprietary information in some cases, according to a federal appeals court.

Morning Security Brief: Detention Times, ISI-Backed Lobbyists, Biosecurity Technology, and More

- Cleveland, Ohio, mandates that suspects be charged in 36 hours or released. Newspaper blames violent crime on police layoffs. Iran shoots down a foreign drone. And more.

Officer Guilty of Negligence for Shooting Unarmed Man

- A police officer is guilty of gross negligence after shooting an unarmed man who was being arrested for failure to pay child support. The officer, who claimed that he intended to draw his Taser, violated the law when he neglected to verify that he had mistakenly drawn his gun, according to a federal appeals court. The officer’s actions, ruled the court, were objectively unreasonable.

A Force to Reckon With

- It's a common scenario: A security officer makes an arrest and the suspect resists. The suspect is injured and files a lawsuit claiming that the officer used excessive force. Tommy J. Burns examines use of force in our July cover story.

Morning Security Brief: White House Counterterrorism Policy, Wiretaps, 'Bedroom' Hackers, and More

- The White House issues a counterterrorism policy statement. More wiretap applications being processed. A new app brings background checks to the palm of your hand. Google liable for wiretapping. And more.

Legal Report

- Courts rule on hostile work environments. A federal appeals court upholds the fraud conviction of a former En­ron executive, while states introduce bills on defamatory information online and handguns in the workplace.

A Force to Reckon With

- It is a common scenario: A security officer makes an arrest and the suspect resists. The suspect is injured and files a lawsuit claiming that the officer used excessive force. ----------------------------------------------------------------------------

Afternoon Security Brief: Drug Testing Errors, Immigration Law Problems, Falsified Background Checks, and More

- Flawed drugs tests in Indiana revealed by independent audit. Background investigators cutting corners. And More.

Some Countries Fight Organized Crime with a Tool Called Unexplained Wealth Orders

- Unexplained wealth orders (UWO) have been successful at helping Ireland combat organized crime, experts said at a panel exploring ways to counter transnational organized crime at the National Institute of Justice 2011 Conference today.

Protected Speech

- A government agency is not liable for retaliation for firing an executive for insubordination. The executive had launched an investigation into corruption without permission and continued it after being told to stop. A federal appeals court ruled that the executive would have been “suspended and then terminated even absent any retaliatory intent.”


- Those who publicly report expunged conviction records are not liable for defamation if the information disclosed is true, according to the New Jersey Supreme Court. In the case, a political campaign publicized the expunged drug conviction of an opponent’s aide in a flyer.


- An employee who was fired shortly after complaining of sexual harassment may pursue his retaliation claim against his employer, according to a federal appeals court (.pdf). The employee may pursue his lawsuit because he was fired two days after making a claim. The timing alone, ruled the court, serves as circumstantial evidence of retaliation.

Secret Information

- The government may not use the Freedom of Information Act exemption allowing the government to keep personnel and human resources issues secret to deny requests on other issues, such as the location of explosives on a military base, the Supreme Court ruled. But it left open the possibility that other exemptions could yield the same result.

Beyond Print

SM Online

See all the latest links and resources that supplement the current issue of Security Management magazine.