Laws and regulations

  • Court: a warrant is required for GPS tracking of suspects’ vehicles

    A federal appeals court in Philadelphia has ruled that law enforcement officials must obtain a warrant before attaching a GPS device to a suspect’s car.The appeals judges said that “A GPS search extends the police intrusion well past the time it would normally take officers to enter a target vehicle and locate, extract, or examine the then-existing evidence.” They also pointedly noted that “Generally speaking, a warrant-less search is not rendered reasonable merely because probable cause existed that would have justified the issuance of a warrant.”

  • DHS, FDA: Decorative contact lenses for Halloween costumes are risky

    Many will celebrate Halloween today, and federal officials are warning the public about the dangers associated with counterfeit decorative contact lenses. Decorative and colored lenses are becoming increasingly popular, especially around this time of year. Several federal agencies have teamed up to launch Operation Double Vision – already underway — to seize illegal, harmful products from store shelves.

  • U.S. tech companies increase lobbying efforts related to surveillance, NSA

    Technology firms Apple, Google, Facebook, and Microsoft, among other tech powerhouses, are quietly increasing lobbying efforts directed at government surveillance laws as they seek to have a say in what Congress does regarding surveillance reforms and National Security Agency (NSA) programs. Traditionally, tech firms have not pushed for restrictions on the ability of the U.S. intelligence community to collect data, and it is not clear what position these industry leaders will take, whether they plan to take a position at all, or whether they will present lawmakers with a united industry front.

  • Strike Two: The CBP’s failure to polygraph its future employees

    Two recent reports – one by the DHS OIG, the other by the GAO — raise an alarm not just about CBP’s failure to monitor and ameliorate the use of excessive force by its agents and officers, but also call into question the quality and character of CBP’s current work force. Rather than reassure the public that the CBP is transitioning into a modern, professional law enforcement agency, these two reports highlight the need for increased congressional oversight and study of an agency which is so vital to our national security.

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  • U.S. worries about proliferation of drone technology

    A new Amnesty International report about U.S. drone use in the war on terror says that the drone campaign is killing so many civilians, that it does not only violate international law, but may be a war crime. The report also says that the growing use of drones by the United States in Pakistan, Yemen, and Somalia encourages their use by other states and groups. The United States rejects the figures of civilian casualties cited in the Amnesty report as unreliable, and says that the research methodology the report’s authors used is deeply flawed. The United States does agree, however, that there is a reason to worry about the proliferation of drone technology. “Going forward this is a technology that we know more people will probably get access to,” a State Department spokeswoman said.

  • Police departments adopt sophisticated, cheap-to-operate surveillance technology

    Advancements in surveillance technology have been adopted not only by the National Security Agency (N.S.A) or other federal intelligence agencies. Local police departments have also incorporated the latest surveillance technologies into their work, allowing them to track individuals for different purposes.

  • Backlash: growing interest in counter-surveillance tools

    The revelations about the NSA surveillance programs has prompted what some see as high-tech civil disobedience: a growing number of products and applications aiming to limit the NSA’s ability to access encrypted e-mails, obtain phone records, and listen to phone conversations.

  • The Red Cross wants video games to incorporate the Geneva Convention

    Approximately 600 million video-gamers worldwide may be violating the laws of war – at least virtually. For the past two years, a unit of the ICRC has been working on discouraging video game creators from allowing players to disregard the rules of war – that is, disregard the rules of war while playing a video game, not in real life — without consequences. ICRC calls for gamers to be “rewarded for respecting the law of armed conflict and there should be virtual penalties for serious violations of the law of armed conflict, in other words war crimes.”

  • Shutdown shuts down E-Verify

    The law requires that businesses verify the work eligibility of new hires within three days of hiring. Staffing companies which place employees with companies do the verification before placing employees. E-Verify has been turned off as a result of the government shutdown, causing headaches for businesses, boosting their administrative costs, and possibly landing them in legal trouble.

  • Renewable fuel standard: mend it, don’t end it

    Congress should minimally modify — and not, as petroleum-related interests have increasingly lobbied for, repeal — the Renewable Fuel Standard (RFS), the most comprehensive renewable energy policy in the United States, according to a new paper. The paper argues that RFS mandates merely ought to be adjusted to reflect current and predicted biofuel commercialization realities.

  • Budget impasse halts enforcement of chemical plants safety standards

    Security experts say that short of a direct nuclear attack on a U.S. city, the most dangerous, mass-casualty catastrophe the United States faces is a terrorist attack on, or an accident in, a chemical facility which would release toxic clouds over neighboring cities and towns. The federal government partial shutdown is making it impossible to enforce safety and security standards formulated to strengthen the ability of thousands of U.S. chemical facilities to withstand terrorist attacks.

  • Halt of CFATS work disrupts debate over program’s merit

    The budget impasse-related halting of monitoring and enforcing compliance with the 2007 Chemical Facility Anti-Terrorism Standards (CFATS) comes at a time of growing criticism of the measure by GOP – but not only GOP – lawmakers, who complain that there are too many problems with CFATS and the way it has so far been implemented.

  • DOD policy drives militarization of local police departments

    The adoption of military gear by local police departments across America – some call it the “militarization” of American police – has been going on for a while. Now, observers ask whether this trend might have repercussion which should make citizens uneasy. Police department receive the equipment for free – all they have to do is pay for the shipping. The gear being sent to local police includes planes, helicopters, armored vehicles, grenade launchers, assault rifles, bullet-proof helmets, night-vision goggles, and more. A few sheriff departments ordered tanks.

  • Calif. Gov. Brown vetoes restrictive assault weapon measures

    Governor Jerry Brown of California, saying that “The state of California already has some of the strictest gun laws in the country,” on Friday vetoed two measures which would have restricted the sale and possession of some semi-automatic assault weapons, and two other measures which would have tightened firearms reporting requirements and denied guns to DUI offenders. The governor’s vetoes derailed the most sweeping gun legislation measures to be considered so far this year by the California legislature. Brown signed several smaller pieces of gun legislation into law on Friday.

  • House Dems propose comprehensive immigration bill

    House Democrats last week released a proposed immigration bill aiming to tighten border security and provide a path to citizenship for millions of undocumented immigrants. The House Judiciary Committee has advanced several bills offering narrower changes to the current immigration law. It is not clear whether the rancor characterizing the budget debate would allow for a bipartisan consideration of either side’s immigration legislative preferences.