Legal

Four More States Propose Biometrics Legislation

In recent years, the plaintiffs? class action bar has focused its efforts on pursuing claims under legislative schemes that provide for statutory damages. The litigation explosion under the Telephone Consumer Protection Act (TCPA) is a textbook example of how enterprising lawyers exploit laws that provide for such uncapped damages in an attempt to extract large settlements for technical violations that, in many cases, have caused no cognizable harm. As plaintiffs begin to explore new claims under these legislative schemes, we seek to help our clients minimize their risk through heightened awareness of the technical requirements of new and existing laws, vigilant compliance programs, and aggressive defense against litigation. Biometrics is one such area.

L.A. Police Commission Unveils Process That Could Lead To Public Release Of LAPD Video

In the months since the Los Angeles Police Department began rolling out thousands of body cameras to officers, during a time when video has prompted new scrutiny of policing across the country, a key question persists. When should the footage become public? On Tuesday, the civilian board that oversees the LAPD began a process to review the department’s current policy of generally withholding that video —whether it was captured by body cameras, patrol car cameras or otherwise collected during an investigation— unless ordered to release it in court. Some police commissioners, along with Chief Charlie Beck, have indicated in recent months that they were open to revisiting the policy, but Tuesday marked a more formal step toward that.

SIA Renews Support For Bipartisan DIGIT Act

The Security Industry Association (SIA) announced its continued support of the bipartisan Developing and Growing the Internet of Things (DIGIT) Act, reintroduced in the Senate on January 10th, 2017, by the Internet of Things (IoT) working group. The group consists of Sens. Deb Fischer, R-Neb., Cory Booker, D-N.J., Cory Gardner, R-Colo., and Brian Schatz, D-Hawaii. Sen. Fischer, the bill?s chief sponsor, again recognized SIA as a key supporting organization in a press release.

Privacy Advocates Warn of Potential Surveillance Through Listening Devices Like Amazon Echo, Google Home

Privacy experts are keeping a close watch on the case of a Bentonville, Arkansas, man who was charged with murder after prosecutors obtained a warrant to receive data from his Amazon Echo, a voice-activated device that is always listening and often recording. James Andrew Bates says he?s innocent of the murder of Victor Collins, who was found strangled in Bates?s hot tub. Prosecutors hope to search audio recordings on Bates?s Amazon Echo for clues. So far, lawyers for Amazon have refused to comply with the warrant, but the case has drawn national attention and alarmed civil liberties groups. We speak with Marc Rotenberg, executive director of the Electronic Privacy Information Center.

DOJ Body-Worn Camera Policy And Implementation Program FY2017

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is seeking applications for the FY 2017 Body-Worn Camera Policy and Implementation Program. This program furthers the Department?s mission by supporting the safe and fair administration of justice.

Viakoo Awarded US Patent For Validating Retention Times Of Surveillance Data

Viakoo, the leader in automated verification of physical security system performance, announced that the United States Patent and Trademark Office (USPTO) has issued its U.S. Patent No. 9,456,190. The patent covers methods for independently calculating the actual time period of retention for an individual video data stream on a recording system. Viakoo has implemented this patent in its products to automatically detect, track, and validate Video Retention Compliance (VRC) as a key performance metric.

Germany Approves Regulation To Allow Expansion Of Video Surveillance Network

Germany’s strict privacy laws prevent the widespread usage of surveillance cameras, but the coalition government on Wednesday approved regulation that could change things. Germany would allow more video surveillance in public places, under a draft law passed by the cabinet on Wednesday, reflecting growing security fears in a country that has for decades been wary of police intrusion. The bill was agreed in principle by the parties in Angela Merkel’s coalition last month, well before Monday’s deadly truck attack on a Christmas market in Berlin that was claimed by Islamic State.

Bill Designed To Expedite Cross-Border Travel With Canada Passes Congress

A bipartisan bill designed to improve cross-border travel between Canada and the U.S. has passed Congress and is headed to the president’s desk. The bill, officially known as the ?Promoting Travel, Commerce, and National Security Act? aims to streamline travel and commerce between the U.S. and Canada by allowing for more pre-clearance of passengers traveling between countries. Pre-clearance is when passengers undergo border inspections prior to traveling and can help to avoid bottlenecks at border-crossings.

SIA Hails Passage Of Power And Security Systems Act

SIA has led a coalition in support of extending the current exemption for security and life safety products, which is set to expire on July 1, 2017. Without an extension, manufacturers must redesign EPS products to meet the ?no-load? standard, more than doubling their cost unnecessarily. H.R. 6375 is supported by SIA, the National Electrical Manufacturers Association, and the Electronic Security Association, which have also worked with energy efficiency community on the common-sense provision.

New England Town Councilor Proposes Drones Watch For Crime; ACLU Objects

A city councilor wants to deploy drones to monitor high-crime neighborhoods and provide an extra measure of security at major community events – an idea that raises privacy concerns with the ACLU of Massachusetts. Brian K. Gomes’ proposal, which is not expected to be heard until next month or possibly January, calls for a meeting between the City Council’s Committee on Public Safety and Neighborhoods and Police Chief Joseph C. Cordeiro to discuss the use of drones. “I think it can be a crime fighter, undercover surveillance in neighborhoods across the city where we have problems,” Gomes said. “It’s another tool for the Police Department to fight crime.”

Evidence Lost? Utah Law No Help When Video Or Audio Not Saved

If a government agency loses a document or video that you need to help prove your case in court, you?re just out of luck. In several recent Northern Utah cases, data wanted as evidence in criminal or civil cases could not be produced by the agencies responsible. And watchers of government records access issues say there?s simply no recourse for anyone burned by the loss of records.

Drone Defense: Not So Fast Says FAA

Unmanned Aircraft are definitely a transformative technology. They open up the lowest parts of the airspace to productive use. At the same time, they also create new problems for privacy and security. As a result, interest in “drone defense” technology has been skyrocketing. It seems that there is a new innovative defensive system unveiled by entrepreneurs on a weekly basis. A new letter form the Office of Airports Safety and Standards, however, indicates that the FAA would like to slow down and coordinate this new technological stampede.

To Body Cam Or Not To Body Cam – One Police Department’s Question

There is no clear picture whether the Huntington (West Virginia) Police Department can, or even should, invest in body-worn cameras for its officers as circumstances now stand, Chief Joe Ciccarelli said. The potential cost – in purchase, maintenance and storage – could potentially drain hundreds of thousands of dollars from the department, Ciccarelli said, with the do’s and don’t’s still shrouded in a legal gray area.

Testing Body Cameras In St. Paul MN

Minnesota?s complex debate about police body-cameras takes a new turn in St. Paul Wednesday. The City Council will hold a public hearing at 5:30 p.m. to consider the draft policy released last week by the St. Paul Police Department governing use of the cameras that are typically clipped to an officer?s uniform. In a discussion that involves competing interests and tradeoffs, there?s lots to digest as the department prepares, beginning next week, to test two camera systems over 60 days in its Western District.

PA State Senate Bill Allows Police To Deny Requests For Officer Video

Legislation approved by the Pennsylvania state Senate on Wednesday would let police departments across the state refuse public requests for copies of video recordings by officers, unless a court orders the release. The bill sets a sweeping policy to exempt recordings from body cameras and dashboard cameras from public records requests in Pennsylvania.

FAA Deputy Administrator Says Privacy, Preemption Are Two Biggest UAS Issues

Marke ?Hoot? Gibson, the deputy administrator of the Federal Aviation Administration, said two of the biggest issues facing the FAA related to unmanned aviation systems, or drones, are privacy and preemption. Gibson said the FAA is not in the business of dealing with privacy, but there is a long history of case law dealing with traditional aviation. ?However, it has generally dealt with noise and airports —this is personal use— it comes right in your back yard,? he said, referring to unmanned aircraft.

Security Camera Registration Program Launched in Beaverton (Ore.)

Police in Beaverton (Ore.) have launched a security camera registration initiative here in an effort to fight crime, including acts of terrorism. ?Surveillance video is huge,? Beaverton Police Officer Jeremy […]

Will Auto Insurance Companies Utilize Questionable Baltimore Surveillance Tech?

As the Baltimore Police Department considers whether to continue using a private aerial surveillance program to fight crime, the man who owns the technology is looking to court other clients in private industry. Ross McNutt, president of Persistent Surveillance Systems, said he is considering marketing his company’s ability to collect aerial footage of the city to auto insurance companies, to help them determine which drivers are at fault in accidents and whether claims are valid.