legal
ASIS Lends Support To MAIN STREET Cybersecurity Act
ASIS International (ASIS), the leading association for security management professionals worldwide, today sent a letter of support to the Senate Committee on Commerce, Science, and Transportation for the Making Available Information Now to Strengthen Trust and Resilience and Enhance Enterprise Technology (MAIN STREET) Cybersecurity Act. The proposed legislation calls on the National Institute of Standards and Technology (NIST) and other agencies to provide a consistent set of resources for small businesses to best protect their digital assets from cybersecurity threats.
Drug Case In Jeopardy Over Surveillance, Warrant Issues
A mistrial was declared in the case of an accused Rochester Hills drug dealer this month after it was disclosed his defense attorney never received pretrial information about a mobile tracking device placed on his client’s vehicle by investigators. But still in dispute —and possibly to be addressed at a pretrial hearing Tuesday— is whether the tracker that monitored his movements was legally attached to Dukes’ 2015 Cadillac. Officials have been unable to locate the original search warrant reportedly obtained from a Pontiac district judge by Detective Charles Janczarek, a member of the Oakland County Narcotics Enforcement Team. Defense attorneys and civil right advocates said the case underscores concerns about the potential for abuse of GPS trackers by law enforcement and the need for proper search warrants.
Court Filing Declares Border Patrol Lost Or Destroyed Original Video Of Nogales AZ Teen’s Killing By Agent
The Border Patrol has either lost or destroyed original videos showing the 2012 killing of a Mexican teenager by a Border Patrol agent who fired across the border, a new court filing says. Agent Lonnie Swartz fired through slats in the border fence in Nogales, AZ, 4-1/2 years ago, killing 16-year-old Jose Antonio Elena Rodriguez on the other side in Nogales, Sonora. Swartz was charged with second-degree murder in federal court in September 2015. His trial is expected to begin later this year. Swartz’s lawyer, Sean Chapman, filed a motion this week to have duplicate border surveillance videos precluded as evidence in Swartz’s trial because of technical (data retention) issues.
Maine’s Resistance To Real ID Law Starting To Cause Problems, Legislators Told
The real-life impacts of Maine’s refusal to issue new federally mandated driver’s licenses and identification cards were on display Tuesday as lawmakers heard testimony on a bill that would bring the state into compliance with the federal Real ID law. Maine has been among a handful of states to resist the federal law, which requires digital photos on state driver’s licenses, IDs that can be used with facial recognition software, and the digital archiving of identity documents such as birth certificates or Social Security numbers, among other things. The states where residents will need identification other than driver’s licenses to fly on Jan. 22, 2018, are: Maine, Kentucky, Minnesota, Missouri, Montana, Oklahoma, Pennsylvania, South Carolina and Washington.
Upload To File-Sharing Site Was Like Leaving Legal File On A Bench, Judge Says; Privilege Is Waived
As physical security organizations deal with the storage and usage of video surveillance in legal matters, the following legal precedent raises questions about cloud-based storage and any use of “file sharing” sites. An insurance company has waived any claim of privilege to materials uploaded to an unprotected file-sharing site, a federal magistrate judge in Virginia ruled earlier this month. U.S. Magistrate Judge Pamela Meade Sargent said in a Feb. 9 decision that the Harleysville Insurance Co. waived its privilege in documents uploaded to a site where they were accessible to anyone who had the hyperlink, according to the ABA BNA Lawyers’ Manual on Professional Conduct.
Geolocation Privacy And Surveillance Act Introduced In US Congress
On February 15, the Geolocation Privacy and Surveillance Act (GPS Act) was introduced by a bipartisan group of US Congress members. Designed to enact comprehensive rules for both government agencies and commercial service providers, the GPS Act would require law enforcement to obtain a warrant before using GPS data to track an individual’s location and would require service providers to obtain customer consent before sharing geolocation data with outside entities.
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.
NY Appeals Court Decision Signals Cybersecurity Whistleblowing Implicates Corporate Theft
Most people don’t think about what whistleblower laws may protect them until they need them. Many information security professionals may be surprised to learn that they are protected by the law although no law specifically protects “cybersecurity” whistleblowers. This is because issues involving information security are rarely only about information security. The criminal case of […]
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.
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.
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.
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.
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.
Cities Seek Police Surveillance Transparency And Oversight
Legislative efforts began in eleven cities aimed at requiring police departments to be more transparent about the surveillance technology they use. The bills will also reportedly propose increased community control over the use of surveillance tools. These efforts, spearheaded by the ACLU and other civil liberty organizations, are important at a time when surveillance technology is improving and is sometimes used without the knowledge or approval of local officials or the public.
Maryland State Lawmakers, ACLU Consider Legislation To Regulate Police Surveillance
Maryland state lawmakers and civil liberties advocates are considering legislation that would regulate police surveillance programs —and require public disclosure— after the Baltimore Police Department ran a secret aerial surveillance program over the city for months. The head of the city’s delegation to the Maryland House of Delegates said the public should know where such technology is used, how the information is kept and the costs involved. The lawmaker, Del. Curt Anderson, is looking at proposing regulations in the next General Assembly session that all Maryland police departments would have to follow to do any kind of surveillance.