INFORMATION

Site Map - Legal Report

Radioactive Materials.

- The Nuclear Regulatory Commission (NRC) has received public comments on its proposed rule to track radioactive material within the United States. The system set out in the proposed rule would require those licensed to use this radioactive material to report the manufacture, transfer, receipt, or disposal of that material. To start the program, each licensee would be required to provide the government with its inventory of radioactive material and to assign a unique serial number to each item. The NRC received 33 comments to its proposed rule. @ To read all the comments, please visit Security Management Online.

Data Retention

- The European Union has approved a new directive that would require telecommunications companies in member states to retain data generated by electronic communications—though the content of the communications may not be collected—to aid law enforcement in combating serious crimes. @ For more information on the directive, visit Security Management Online.

Legal Report

- Negligent hiring. An Illinois appellate court has ruled that a national organization established to help children cannot be held responsible for the sexual abuse of a child at its Chicago location. The court ruled that the organization had no responsibility to protect children from harm.

Identity theft

- A new law (formerly S.B. 1048) controls how Social Security numbers are collected and distributed by state businesses and government agencies.

Identity theft

- Several bills that address identity theft are pending in the Senate. One bill (S. 1326), introduced by Sen. Jeff Sessions (R-AL), would require any person or agency that stores or controls sensitive personal information to protect that data from unauthorized access, destruction, use, modification, or disclosure. Another identity theft bill (S. 1408) is also pending in the Senate. S. 1408, which would set national standards requiring businesses to report data security breaches to customers, has been approved by the Senate Commerce, Science, and Transportation Committee. To advance, it must be taken up by the full Senate. A third bill (S. 1789), introduced by Sen. Arlen Specter (R-PA), would enhance penalties for those who use computers to commit identity theft crimes. It would also provide law enforcement officials with more money to investigate and prosecute identity theft.

First responders

- A bill (H.R. 1646) introduced by Rep. Jane Harman (D-CA) would dedicate certain radio frequencies for use by first responders and public service agencies. The Federal Communications Commission would have to dedicate some existing frequencies and assign new frequencies for this use by January 1, 2007.

Transportation security

- The Senate Commerce, Science, and Transportation Committee held hearings on a proposed transportation security bill (S. 1052) that would require the Homeland Security Department to establish a task force to conduct a vulnerability and risk assessment of freight and passenger rail transportation systems

Legal Report

- Rulings on a zero tolerance policy for workplace violence and sexual harassment; federal guidance on avoiding family-obligation discrimination; plus legislation on gun control, courthouse security, and privacy.

Discrimination

- The U.S. Supreme Court has ruled that a female employee missed the chance to sue her employer for paying her less than her male counterparts over a nine-year period because she did not file her case within 180 days of the offense. The court said the clock started ticking from the day she got the job, rather than being reset with each new paycheck. This is a departure from years of discrimination case law. The only way to have a current claim against years of discriminatory pay would be for the plaintiff to show that recent decisions, such as raises or promotions, were discriminatory. (Ledbetter v. Goodyear Tire and Rubber Co., Inc., U.S. Supreme Court, No. 05-1074, 2007)

RFID

- A bill (S.B. 29) that would prohibit schools from requiring that students wear RFID badges has been approved by the California Senate and is pending in the California Assembly’s Judiciary Committee.

Domestic Violence

- Florida Governor Charlie Crist has signed a law (formerly H.B. 55) that requires employers to allow workers to take up to three days off a year to deal with domestic violence issues. However, it is up to employers to determine whether these days are paid or unpaid.

Privacy

- A bill (H.R. 948) introduced by Rep. Edward Markey (D-MA) that would protect the privacy of Social Security numbers has been approved by the House Energy and Commerce Committee. It is now pending before the House Ways and Means Committee.

Agriculture Security

- A bill (H.R. 1717) introduced by Rep. Michael McCaul (R-TX) that would establish a national agricultural and biodefense facility has been approved by the House Homeland Security Committee’s Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology. The bill will now move to a vote before the full committee. H.R. 1717 has also been referred to the House Agriculture Committee and the House Energy and Commerce Committee.