Legislation on Cyber Security

By | September 26, 2011

Senate Judiciary Committee Approves Three Cyber Security Bills

(September 22, 2011)
The US Senate Judiciary Committee has approved a bill that would
establish a national standard for data breach notification and impose
harsh penalties for damaging computers that are part of the country’s
critical infrastructure. The committee also passed two other bills
dealing with cyber security issues.

California Legislators Approve Bill Requiring Warrant to Search
Mobile Devices

(September 21, 2011)
The California state legislature has passed a bill that would require
law enforcement agents to obtain a warrant before searching the mobile
devices of people who are arrested. The law enforcement agents would be
required to obtain warrants when they have probable cause to believe
that the phone in question contains pertinent evidence. The law also
contains a section that bars the state and others from subpoenaing
journalists’ unpublished notes and other sensitive, work-related
information. If the governor signs the bill into law, it would override
a January 2011 California Supreme Court ruling.
[Editor’s Note (Schultz): Mobile device-related legislation is rare. It
will be interesting to discover what, if any, difference this proposed
legislation will make if it is passed.
(Murray): A law implementing common sense to overcome a very unwise
ruling by a court. While it is true that mobile computing devices may
contain evidence, they will contain irrelevant but sensitive personal
information. Any evidence will not go away while the police demonstrate
probable cause.]

Lawsuit Challenging Warrantless Wiretapping May Proceed

(September 21, 2011)
The 2nd US Circuit Court of Appeals has ruled that a lawsuit challenging
the constitutionality of a federal law that allows warrantless
wiretapping may proceed. The plaintiffs, a coalition of groups and
attorneys concerned with civil liberties, are challenging the 2008
Foreign Intelligence Surveillance Act (FISA). The government maintains
that the plaintiffs lack the necessary legal standing to bring the suit.

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