Legislation

Michigan House Commerce Committee Members: NO on H.B. 5189

[EDITOR’S NOTE: It appears that many are still uneducated as to the realities of the value and preventive realities of video surveillance installations.] The Michigan House Commerce Committee will be hearing testimony this morning regarding HB 5189, the Jessica Heeringa law, which requires 24-hour gas stations to install costly surveillance equipment and maintain a minimum of two employees during overnight hours.

Could Police Drones Be an Unexpected Guest in Your Yard?

Legislation passed by the N.C. General Assembly would allow drones to take pictures of an open-invitation gathering, even if it’s on private property, without a warrant. North Carolina is figuring out the boundary between expectations of privacy and the use of surveillance drones by law enforcement agencies.

House Passes Bill To Improve Airport Security In Wake Of LAX Shooting

In the wake of November’s deadly shooting at Los Angeles International Airport, the House of Representatives on Tuesday passed a bill to tighten security at the nation’s airports. The measure, introduced by Rep. Richard Hudson (R-N.C.), is named in honor of Gerardo Hernandez, the Transportation Security Administration screener who was shot to death Nov. 1 […]

NYC Building Codes Now Accept Video Image Smoke Detection

The New York City Building Code requires the detection of smoke by means of smoke detection systems. New products have recently been introduced that use video camera and image recognition software to detect smoke. Current New York City Building Code regulations do not address such products. However, Local Law 141 of 2013, which will take […]

U.S. House Of Reps Votes To Ban Purchase Of License-Plate Cameras

Moving to protect privacy amidst increased public fear about government surveillance, the U.S. House of Representatives voted Tuesday to ban certain federal agencies from purchasing cameras that capture images of license plates. The measure passed, 254-172, as an amendment to the Transportation and Housing and Urban Development funding bill under consideration on the House floor. […]

Will New Law Force Cruise Lines To Improve Onboard Security?

In April, U.S. Representatives Dogget (TX), Costa (CA), and Tsongas (MA) became co-sponsors of the Cruise Passenger Protection Act, a bill making its way through congress that will increase the requirements on the cruise ship industry to improve the safety and security of passengers. By Christopher Elliott, Washington Post — The remarkable thing about the […]

Florida’s Biometric School Ban Passes Into Law

Florida Gov. Rick Scott has officially signed the biometric ban proposed in Florida that will prohibit schools from collecting the palm scans, iris scans or fingerprints of its students. Senator Dorothy L. Hukill (R – Port Orange) proposed Senate Bill 188, Education Data Privacy, which bans the collection of any and all biometric data in […]

FL Leaders Drafting Ordinance To Give Nightclubs New Surveillance Guidelines

Jacksonville City Councilman Jim Love is introducing plans he said will make Jacksonville’s nightclubs safer. The councilman’s goal is to curb violence in Jacksonville’s nightclubs and bars. City Councilman Love said city leaders are currently drafting an ordinance that would give clubs specific guidelines to follow for safety and security. "If you go in there […]

U.S. Congressman From Texas Introduces Bill To Protect Personal Biometric Information

Texas Congressman Steve Stockman introduced H.R. 4381, the Biometric Information Privacy Act. It would protect a consumer’s personal physiological biometric information from being passed onto third parties. Biometric data include personal identifying information such as DNA, fingerprints, retinal scans, or facial scanning, converted into binary code. “Consumers should not have to worry about third parties […]

Florida Lawmakers Send Bill To Governor To Ban Biometrics In Schools

(Editor’s Note: This is a follow-up to Florida Lawmakers To Consider Banning Biometrics In Schools) – A bill that would ban Florida school districts from using biometrics —such as iris, retina, fingerprint, and palm scans— is poised to become law. Senate Bill 188, known as the biometrics bill, is sponsored by state Sen. Dorothy L. […]

Biometrics May Be Banned In Florida Schools, But Flourish Elsewhere

Breaking Tampa Bay, Florida and national news and weather from Tampa Bay Online and The Tampa Tribune | TBO.com Politics Boca Ciega High School in Gulfport is one of 10 schools in the nation using biometric scanning technology. LUKE JOHNSON/STAFF BY JAMES L. ROSICA Tribune/Scripps Capital Bureau Published: March 9, 2014 TALLAHASSEE — State lawmakers are moving speedily to ban its use on schoolchildren, but the use of biometric identification isn’t going away. Biometrics uses physical characteristics that can be measured — fingerprints, irises, voices — to identify a person. At its most basic, even a photo ID badge is a biometric identifier. The example now causing a ruckus is in Pinellas County. Schools there use palm scanners to authorize withdrawals from pre-paid accounts, moving lunch lines faster and giving students more time to eat. That ruckus, however, so far has been stirred by legislators, not parents. State Sen. Dorothy Hukill, R-Port Orange, says she caught wind of the practice and grew alarmed. She also knew about Polk County schools scanning children’s eyes to track comings and goings on school buses. “What are we doing in government in terms of taking biometric information?” she said, mentioning her concern that the information could be breached and used for identity theft. “I think a ban is definitely the way to go,” she said, “I want to protect school kids.” Beyond the security fears and Big Brother-type anxiety, advocates say biometric authentication simply exists to answer the question: Are you who you […]

Idaho Biometric Protection Bill To Get Full Debate

Biometric protection bill to get full debate BOISE — Businesses that collect and use hair samples, finger prints and retina scans to identify their customers could face tough sanctions for inappropriately handling such material, under a measure headed to the Idaho House. The State Affairs Committee Tuesday morning approved new privacy standards for full debate. Republican Rep. Ed Morse of Hayden Lake fears technological advances in collecting biometric information have outstripped laws governing how that information can be used. Morse says his bill, which carries with it fines of $1,000 for abusing biometric data including selling it without permission, helps "level the playing field." Though garbage companies collect trash with traces of DNA, the bill leaves them alone. And though this measure deals with the private sector, Morse says governments’ collection of data remains "fertile ground" for future regulation. Print

As Facial Regulation Technology Is Poised For Everyday Life, Regulators Express Concern

Lexology author: Camille Calman Recent news stories have highlighted the negative privacy implications of facial recognition technology. For example, a new app for Google Glass will pair facial recognition with data from social media and dating sites, allowing users to instantly see personal information about strangers they pass on the street. (Though Google does not permit facial recognition software to be used on its Google Glass platform, the app could be used on jailbroken Google Glass devices.)  Forbes  reports that Senator Al Franken has written to the app developer to express deep concern and ask it to delay the app’s launch, or at least require people to opt in before their data is displayed to others. Meanwhile, the  New York Times  reports that some retail stores and airports already use facial recognition technology, and other such uses are on the way. The Times quotes Jessica Rich, director of the FTC’s Consumer Protection Bureau, as saying, “This is another reason that we need omnibus privacy legislation.” On Feb. 6, 2014, the National Telecommunications and Information Administration (NTIA), a division of the Department of Commerce, held the first in a series of meetings about the commercial use of facial recognition technology. The more than 120 attendees included representatives from business, advertising, and government as well as privacy advocates.  Seven additional meetings  are scheduled between February and June of this year. The NTIA hopes that the meetings will lead to a voluntary code of conduct. It’s clear that facial recognition involves a […]

Florida Lawmakers To Consider Banning Biometrics In Schools

TALLAHASSEE — Polk County parents were apoplectic last year when they discovered the school district had been scanning the irises of students’ eyes without parental permission. The controversial practice might soon be banned. On Tuesday, state lawmakers will take up a proposal that would prohibit school districts from collecting biometric information, including the characteristics of fingerprints, hands, eyes and the voice. It would affect the Pinellas County school district, which allows schools to scan the palms of students’ hands instead of accepting cash in the cafeteria, and school systems that use fingerprint scanners. “We’ve been able to get kids through a lunch line for decades,” said state Sen. Dorothy Hukill, a Port Orange Republican who brought the idea to the Florida Senate. “Why do we need to take their biometric information when we know there is the potential for identity theft?” But the idea may meet resistance from local school boards, some of which want the flexibility to create their own policies. “Biometrics is coming,” said Miami-Dade School Board member Raquel Regalado, who spearheaded an effort to create a local biometrics policy this month. “It exists in the market. It will exist in our schools. It may end up being a viable way to ensure there isn’t fraud.” Broward school officials said there is no district-wide use of biometrics. The measure being considered by the Florida Legislature is part of a larger bill meant to address concerns over student data security. For years, Florida schools have used student achievement […]

Coast Guard to propose cruise ship video surveillance rules

Nearly four years after passage of a comprehensive cruise safety law, the U.S. Coast Guard is getting ready to propose a rule for three of the trickiest provisions in the legislation. The proposed rule, expected out in June, will outline how cruise lines can comply with a requirement in the Cruise Vessel Safety and Security Act that they deploy technology for “capturing images of passengers or detecting passengers who have fallen overboard.” Also addressed in the rule will be how a cruise ship’s video surveillance system should be operated to document crimes on the ship and assist in their later prosecution. Advocates of the law say the provisions will make passengers feel more secure about taking a cruise. But the cruise industry has raised red flags about the cost and practicality of applying the law. In one instance, a cruise line told auditors at the Government Accountability Office (GAO) that just doubling the time it keeps video footage from 14 to 28 days would cost an extra $21.8 million. Most of the 15 provisions in the 2010 act, such as peepholes in cabin doors and standard rail heights, had been translated into Coast Guard guidance by June 2011. The remaining ones involved complex technologies and, in some cases, language in the law that didn’t set a clear benchmark for gauging compliance. In the case of detecting when persons fall overboard, the law called for compliance “to the extent that such technology is available.” The Coast Guard asked for input […]

Police Car Dash-Cam Bill Didn’t Deserve To Die

There may be good reasons, sometimes, for a governor to veto a bill. Unfortunately, we don’t know of a good reason why Gov. Chris Christie would “pocket veto” legislation requiring all new police vehicles to be equipped with a dashboard video recording device. And, we do know a lot of reasons why this measure should have been signed into law. The bill, A-4193, in the just-ended legislative session, was sponsored by Assemblyman Paul Moriarty, D-4th Dist., following Moriarty’s personal experience with an apparently bogus traffic violation. Charged in his Washington Township hometown with drunken driving by a local officer who had a long history with the lawmaker, Moriarty was able to establish his innocence when the officer’s own video camera revealed what really happened. But having a camera in a police car is about more than just supporting the testimony of an officer or helping a citizen escape a bad rap. Passersby caught on camera may turn out to be potential witnesses to a crime. Cars driving erratically at one moment may be involved in a hit and run moments later. In an era when every mom-and-pop store has security cameras and every other grandmother carries a phone that shoots video, there’s really no excuse for failing to install and use cameras in police cruisers. Moriarty’s bill even established a funding mechanism through a surcharge on drunk-driving fines. Unfortunately, the bill doesn’t require retrofitting of older patrol cars with cameras, just their installation in newly purchased vehicles. It will […]

San Jose, CA Police May Tap Residents’ Private Security Cameras

Police would be able to tap into San Jose residents’ private video cameras under a new proposal that would expand investigators’ watchful eye over the city but already is raising big brother-type privacy concerns. Councilman Sam Liccardo’s proposal, unveiled Thursday and set to be discussed by a City Council committee next week, would allow property owners voluntarily to register their security cameras for a new San Jose Police Department database. Officers then would be able to access the footage quickly after a nearby crime has occurred. It is the latest effort designed to shore up public safety in a city that has seen its reputation as one of the safest big cities in America take a hit in recent years as crime rates have surged and officers have left in droves. The issue is taking center stage heading into the June primary to replace outgoing Mayor Chuck Reed as five local leaders jockey for position as tough-on-crime candidates. Liccardo, among several council members running for mayor, unveiled the proposal in response to the string of arson fires that terrorized his downtown-area district this month. Police used surveillance videos provided voluntarily by nearby property owners as key evidence in identifying a suspect they arrested on suspicion of burning about a dozen buildings. "It became apparent that there’s a lot of evidence out there that residents want to provide," Liccardo said, predicting that the cost would be nominal because existing city technology employees could maintain the database. The new database "is […]

CO State Lawmakers Want To Restrict How Long Governmental Surveillance Can Be Kept On Citizens

DENVER – Republican lawmakers at the state Capitol want to send "Big Brother" to his room. Legislation being proposed would require government entities to purge their surveillance video and images within six months of the recording. According to the bill’s sponsor, State Rep. Polly Lawrence, R-Roxborough Park, this is in direct response to surveillance concerns at the federal level. "It has really been brought to our attention with the NSA and their surveillance techniques and their data collection on everyone across the United States," said Lawrence. "I don’t think the government should be surveilling its citizens and retaining that information indefinitely." Government surveillance can include security cameras at state or local buildings, H.A.L.O. cameras, photo red light, photo radar and toll collection devices. Her proposal is to make sure government entities are not keeping tabs on citizens unnecessarily. "If we hadn’t had that in Boston, we wouldn’t have found the Boston bombers, but do we need to let the government retain that information indefinitely," said Lawrence. "Surveillance helped protect me in a significant way. My life would be very different without the vindication of that video," said Shawn Johnson. A downtown H.A.L.O. camera captured Denver police beating Johnson and his friend, Michael DeHerrera, in April 2009. "The surveillance helped our case significantly. It changed the narrative, it gave us a voice," said Johnson. Denver Police saved the video as part of the investigation. Denver Police policy is to purge H.A.L.O. recordings after 30 days, unless the recording is needed […]

Illinois? Eavesdropping Law Under Attack

Continuous Video Recording in Progress Continuous Video Recording in Progress I’ve been following the Chris Drew travesty fairly closely. Why should police be treated differently than other citizens? If Illinois law was on the books in California, for instance, would Scott Olsen be a household name? Or other Occupy incidents, like the various pepper spraying videos? If police are doing their job, they shouldn’t be worried about a spectator videoing their actions, and if they are doing something questionable, citizens should be able to collect evidence of police wrongdoing. Anyway, there are rumblings that the law could be thrown out as vague, or unconstitutional. When a Cook County jury in August acquitted a woman of violating Illinois’ strict eavesdropping law, an unassuming man with wire-rimmed glasses and wispy white hair sat in the gallery, quietly taking notes. Chris Drew had good reason to keep an eye on the case — he’s facing trial on the same felony charge of eavesdropping on a public official, which carries up to 15 years in prison. An artist whose ’60s upbringing instilled a deep respect for questioning authority, Drew, 61, is accused of making an illegal audio recording of Chicago police during a 2009 arrest for selling art on a downtown street without a permit. Drew intended the incident to be a test of the city’s permit laws. But now his case has wound up at the forefront of a much bigger effort to challenge the constitutionality of Illinois’ eavesdropping law, which makes […]