Uses of Medical Histories Are Curtailed Under a New Law: Via NYTimes.com .

The most important new antidiscrimination law in two decades — the Genetic Information Nondiscrimination Act — will take effect in the nation’s workplaces next weekend, prohibiting employers from requesting genetic testing or considering someone’s genetic background in hiring, firing or promotions.

The act also prohibits health insurers and group plans from requiring such testing or using genetic information — like a family history of heart disease — to deny coverage or set premiums or deductibles.

“It doesn’t matter who’s asking for genetic information, if it’s the employer or the insurer, the point is you can’t ask for it,” said John C. Stivarius Jr., a trial lawyer based in Atlanta who advises businesses about the new law. [ Read more ... ]

Data breach notifications one step closer to law... again: Via Law & Disorder Section - Ars Technica.

Every time there's a major data breach in retail or government, there's a chorus of frustrated customers trying to find out whether their information was exposed to would-be identity thieves. The problem is that it's near impossible to find out this information unless the organization in question takes the initiative to notify customers with exposed data. This, quite frankly, happens very slowly. [ Read more ... ]

Prepare for disconnection! French "3 strikes" law now legal: Via Law & Disorder Section - Ars Technica.

What sort of country puts "Les Immortels" in charge of its language and "Sages" in charge of its constitution? France, of course, where today the Sages had a crack at the country's brand-new, now-with-judicial-oversight version of its Internet disconnection law.

Apart from a minor nitpick, the Sages have approved the law in its entirety, just as France also forced the European Parliament to back down on its own opposition. The world's toughest "three strikes" regime will soon be the law of the terre.

Read Original Article:(Via Law & Disorder Section - Ars Technica.)

US healthcare data plan slammed for encryption get-out clause: Via The Register(UK).

New data breach rules for US healthcare providers have come under criticism from a security firm that specialises in encryption.

As part of the Health Information Technology for Economic and Clinical Health (HITECH) Act, which comes into effect from 23 September, health organisations in the US that use encryption will no longer be obliged to notify clients of breaches.

More specifically (as explained here - PDF) only HIPAA-covered healthcare providers and health plans that omit the use of encryption or information destruction will be obliged to notify individuals about a breach of their personal health information. [ Read more ... ]

Mexican Government To Document Cell Phone Use: Via Slashdot: Your Rights Online.

Alyssey writes "The Mexican government wants to have a database to track every cellphone number in the country (in Spanish, Google translation) and whom it belongs to. They want to tie in the CURP (Unique Registration Population Code in Spanish, like the Social Security Number in the US) with cellphone numbers. If Mexicans don't send in their number and CURP via SMS before April 10, 2010, their cellphone number will be blocked. The new law was published back in February and is going into effect now."

Read Original Article:(Via Slashdot: Your Rights Online.)

After Sweden's New Law, a Major Drop In Internet Traffic: Via Slashdot: Your Rights Online.

iamnot writes "The new IPRED law came into effect in a big way in Sweden on April 1st. A news report has come out showing that internet traffic dropped by 30% from March 31st to April 1st. A lawyer from the Swedish anti-piracy agency was quoted as saying that the drop in traffic 'sends a very strong signal that the legislation works.' Is the new law, which allows for copyright holders to request the identification of people sharing files, truly curing people of their evil ways? [ Read more ... ]

Jackson stops enforcement with red-light cameras: Via SunHerald.com .

JACKSON, Miss. -- Jackson city attorney Sarah O'Reilly Evans says the capital city will stop collecting fines from tickets issued when automatic cameras snap pictures of vehicles running red lights.

The change is being made immediately, even though a new state law sets an Oct. 1 deadline for the cameras to come down in the only two cities already using them - Jackson and Columbus. [ Read more ... ]

Bill restricts use of driver's license data: Via kfsm.com

OKLAHOMA CITY (AP) - A Senate panel has passed a bill to restrict the transfer of fingerprint images and other data on state driver's licenses to "any other entity," including federal agencies.

Sen. Randy Brogdon, an Owasso Republican, wants to prevent the sharing of fingerprints and other images on driver's licenses with other state and federal agencies. He warned that some of the information may wind up in the files of foreign governments.

[...] [ Read more ... ]

DNA database law a new tool for police across Michigan: Via MLive.com/The Grand Rapids Press

GRAND RAPIDS -- A new law going into effect this year means Michigan's DNA database will grow, giving law enforcement thousands of new profiles to possibly match with evidence connected to crimes.

But the DNA samples would be taken from people who simply have been arrested for certain crimes and would remain in the system even if the suspect is exonerated -- a prospect that has civil libertarians concerned.

"You have a privacy interest in your DNA," said William Fleener Jr., a cooperating attorney with the American Civil Liberties Union.

"It's a pretty small step from this to requiring DNA samples from everybody at birth." [ Read more ... ]

Slashdot | India Sleepwalks Into a Surveillance Society: Via Slashdot

An anonymous reader writes "ZeroPaid has a fascinating roundup of news stories surrounding the latest surveillance laws passed in India, including a first-hand account of someone writing from inside India. The legislation in question is the Information Technology Act's amendment bill 2006, which was recently passed in the Indian parliament. Things you can't do with the new legislation include surfing for news in Bollywood and looking up porn on the internet. The legislation also allows all transmissions over the internet to be monitored for any form of lawbreaking and permits a sub-inspector to break into your house to make sure you aren't browsing porn on your computer."

Read Original Article ( Via Slashdot. )

RIAA Wins, Campuses Lose as Tennessee Governor Signs Campus Network Filtering Law: Via EFF.org Updates

Last week, the RIAA celebrated the signing of a ridiculous new law in Tennessee that says:

Each public and private institution of higher education in the state that has student residential computer networks shall:

[...]

[R]easonably attempt to prevent the infringement of copyrighted works over the institution's computer and network resources, if such institution receives fifty (50) or more legally valid notices of infringement as prescribed by the Digital Millennium Copyright Act of 1998 within the preceding year.

While the entertainment industry failed to get "hard" requirements for universities in the Higher Education Act passed by Congress earlier this year, the RIAA succeeded in Tennessee (and is pushing in other states) with this provision that gives Big Content the ability to hold universities hostage through the use of infringement notices. Moreover, the new rules will cost Tennessee a pretty penny -- in the cost review attached to the Tennessee bill, the state's Fiscal Review Committee estimates that the new obligations will initially cost the state a whopping $9.5 million for software, hardware, and personnel, with recurring annual costs of more than $1.5 million for personnel and maintenance. Not a penny of this will go to artists, nor to any of the record labels RIAA represents. [ Read more ... ]

RFID Anti-Skimming Laws Approved - Via Threat Level:

California followed Washington State's footsteps this week to become the second U.S. state outlawing so-called Radio Frequency Identification Device skimming.

Skimmers can easily pilfer information from non-encrypted RFID tags that are growing commonplace. California's bill was adopted and signed by Gov. Arnold Schwarzenegger this week after a demonstration showed that personal information skimmed from entry-card badges from statehouse workers allowed hackers access to secured areas of government offices.

The legislation came a year after the hacking of the  RFID-enabled Dutch passport, and the successful hacks of the Exxon Mobile key fob and the exposed VeriChip human RFID implant

Still, California's measure (.pdf) and the one Washington State adopted in March, don't mandate any RFID encryption. So the vulnerabilities of the Golden State statehouse's entry system remains.

(Read Original Article - Via Threat Level.)

California Governor Signs Off On New Protections for Free Speech - Via EFF.org Updates:

California Governor Arnold Schwarzenegger yesterday signed Assembly Bill 2433 and filled a significant gap in protection for anonymous speech online. Authored by Assemblymember Paul Krekorian and co-sponsored by EFF, the California Anti-SLAPP Project and the California Newspaper Publishers Association, the new law allows speakers who successfully oppose the use of bogus out-of-state litigation to obtain their identities to recover attorneys' fees. Assemblymembers Sally Lieber and Anthony Portantino co-authored the bill.

One of the most pernicious threats to anonymity is the filing of trumped-up lawsuits as an excuse to force ISPs to reveal speakers’ identities. Once such a lawsuit is filed, speakers who want to protect their anonymity must find a way to pay a lawyer to go to court and prevent disclosure of their personal information. That can be a real hardship—in fact, even the threat of having to go to court may discourage many people from speaking out in the first place. [ Read more ... ]

Justice Department Moving to Immunize Snooping Telcos - Via Threat Level:

Two months ago, President Bush won congressional approval to immunize the nation's telecommunications companies from lawsuits accusing them of helping Bush funnel Americans' electronic communications to the National Security Agency without warrants -- all in the name of national security following the Sept. 11 terror attacks.

But the telecoms, facing 36 lawsuits commingled as one in a San Francisco federal court, still haven't been granted immunity in the lawsuits alleging they breached their customers' Fourth Amendment right to privacy. On Friday, however, Justice Department special counsel Anthony Coppolino said the government would comply with the immunity bill's procedural hurdles by Sept. 19 to seek blanket immunity on behalf of the companies.

Whether U.S. District Judge Vaughn Walker would abide by the government's wishes is an open question. Last year, Walker refused to dismiss the cases on other grounds. [ Read more ... ]

Appeals Court Punts on AT&T Spying Case Appeal - Via Threat Level:

More than a year after hearing oral arguments, a federal appeals court has declined to rule on whether lawsuits targeting the president's warrantless wiretapping of Americans are too secret to be challenged in court, according to an order released Thursday.

Instead, the court deferred to Congress's recent passage of amnesty for telecoms that secretly helped the spying, returning the case to a lower court where the government will fight to have the suits dismissed using the amnesty provision.

The odd ending counts as victory for the Electronic Frontier Foundation -- which is suing AT&T for helping the government warrantlessly spy on Americans. [ Read more ... ]

Appeals Court Remands Gov't Appeal in Hepting v. AT&T - Via EFF.org Updates:

Today, the United States Court of Appeals for the Ninth Circuit returned the Hepting v. AT&T case to the District Court. In a two sentence order, the court wrote:

In light of the FISA Amendments Act of 2008, Pub. L. No. 110-261, we remand this case to the district court. We retain jurisdiction over any further appeals.

The government and AT&T had appealed Judge Vaughn Walker's June 2006 decision rejecting the argument that the state secrets privilege prevented millions of ordinary American from having their day in court. Oral argument was held August 2007. [ Read more ... ]

Louisiana Passes Intelligent Design Law - Via Slashdot:

H0D_G writes "The US state of Louisiana has passed the 'Science Education Act,' a piece of legislation that could allow Intelligent design to be taught in schools. From the article: 'The act is designed to slip ID in "through the back door"'"

(Read Original Article - Via Slashdot.)

American Civil Liberties Union : ACLU Sues Over Unconstitutional Dragnet Wiretapping Law:

Group Also Asks Secret Intelligence Court Not To Exclude Public From Any Proceedings On New Law's Constitutionality

FOR IMMEDIATE RELEASE

CONTACT: (212) 549-2666; media@aclu.org

NEW YORK - The American Civil Liberties Union filed a landmark lawsuit today to stop the government from conducting surveillance under a new wiretapping law that gives the Bush administration virtually unchecked power to intercept Americans' international e-mails and telephone calls. The case was filed on behalf of a broad coalition of attorneys and human rights, labor, legal and media organizations whose ability to perform their work - which relies on confidential communications - will be greatly compromised by the new law.

The FISA Amendments Act of 2008, passed by Congress on Wednesday and signed by President Bush today, not only legalizes the secret warrantless surveillance program the president approved in late 2001, it gives the government new spying powers, including the power to conduct dragnet surveillance of Americans' international communications.

"Spying on Americans without warrants or judicial approval is an abuse of government power - and that's exactly what this law allows. The ACLU will not sit by and let this evisceration of the Fourth Amendment go unchallenged," said ACLU Executive Director Anthony D. Romero. "Electronic surveillance must be conducted in a constitutional manner that affords the greatest possible protection for individual privacy and free speech rights. The new wiretapping law fails to provide fundamental safeguards that the Constitution unambiguously requires." [ Read more ... ]

Bush Signs Spy Bill, ACLU Sues - Via Threat Level:

The American Civil Liberties Union filed suit Thursday over a controversial wiretapping law, challenging the constitutionality of the expanded spy powers Congress granted to the president on Wednesday.

The federal lawsuit was filed with the court just hours after Bush signed the bill into law.

The ACLU is suing on behalf of journalist and human rights groups, asking the court put a halt to Congress's legalization of Bush's formerly secret warrantless wiretapping program. The ACLU contends (.pdf) the expanded spying power violates the Constitution's prohibition on unreasonable searches and seizures.

On Wednesday, the Senate gave final congressional approval to a massive expansion of the Foreign Intelligence Surveillance Act, finishing a year of debate over how far the U.S. government should be able to conduct blanket surveillance using telecom facilities inside the United States.

In passing the FISA Amendments Act, Congress gave the executive branch the power to order Google, AT&T and Yahoo to forward to the government all e-mails, phone calls and text messages where one party to the conversation is thought to be overseas. President Bush signed the bill into law Thursday morning, describing it as a bill that "protect[s] the liberties of our citizens while maintaining the vital flow of intelligence."

The ACLU contends those blanket powers to grab international communications of Americans without specific court orders violate the Fourth Amendment and would stymie journalists who often speak to confidential sources outside the country. [ Read more ... ]

Texas PC Repair Now Requires PI License - Via News and Analysis by PC Magazine :

From its Texas Rangers to its enthusiastic take on the death penalty, the Lone Star State has long been known for its aggressive stance on law enforcement. Thanks to a strange new law, it's a sting that may soon be felt by a number of the state's computer-repair people.

A recently passed law requires that Texas computer-repair technicians have a private-investigator license, according to a story posted by a Dallas-Fort Worth CW affiliate. [ Read more ... ]

PC Repair In Texas Now Requires a PI License - Via Slashdot: Your Rights Online:

JohnnyNapalm writes "In some shocking news out of Texas, PC repair will now require a PI License. Surely this stands to have a substantial impact on small repair shops around the state if upheld. Never fear, however, as the first counter-suit has already been filed."

(Read Original Article - Via Slashdot: Your Rights Online.)

'Yes' to surveillance law - Via The Local:

Swedish lawmakers voted late on Wednesday in favour of a controversial bill allowing all emails and phone calls to be monitored in the name of national security.

The vote, one of the most divisive in Sweden in recent years, had initially been scheduled for early Wednesday but was postponed after more than one-third of MPs voted to send the bill back to parliament's defence committee "for further preparation."

After the committee required that the centre-right government safeguard individual rights further in an annex to the law to be voted on in the autumn, the bill narrowly passed with 143 votes in favour, 138 opposed and one parliamentarian abstaining.

Critics have slammed the proposal as an attack on civil liberties that would create a "big brother" state, while supporters say it is necessary to protect the country from foreign threats.

The new law, set to take effect on January 1st, 2009, will enable the National Defence Radio Establishment (FRA) -- a civilian agency despite its name -- to tap all cross-border Internet and telephone communication. [ Read more ... ]

Wiretapping Bill Passes Swedish Parliament, 143 to 138 - Via Slashdot :

Assar Bruno Boveri writes "Swedish lawmakers came down in favour of a fiercely debated surveillance bill in a vote at the Riksdag on Wednesday evening. Despite some cosmetic changes, Sweden's proposed surveillance law is still a monster, writes Pär Ström from the independent New Welfare Foundation." --- The Swedish newspaper DN (in Swedish; translations welcome) compares the implications of the proposed law with activities carried out by East Germany's Ministerium für Staatssicherheit (STASI).

(Read Original Article - Via Slashdot.)

New Law Protects Employees from Health Related Discrimination - Via ACLU - Privacy:

Washington, DC – The ACLU today commended Congress and the president for enacting the Genetic Information Nondiscrimination Act (GINA), which will stem a growing tide of employer and health insurer bias.

“We are heartened that a dark cloud has been lifted by enactment of the Genetic Information Nondiscrimination Act.” said Caroline Fredrickson, director of the ACLU Washington Legislative Office. “GINA will enable Americans to use genetic tests to illuminate their health care decisions without fear of workplace retribution.” [ Read more ... ]

Entertainment Industry Leaned On Los Angeles Politicos to Declare Piracy a 'Public Nuisance' - Via Threat Level:

A Los Angeles County ordinance adopted last week giving authorities the legal muscle to shutter property used to produce counterfeit DVDs and CDs was the result of intense pressure from Hollywood and the recording industry.

Additionally, the so-called nuisance abatement ordinance was based, in part, on exaggerated piracy figures provided by the entertainment industry, which also gave the measure's key political backer thousands of dollars in campaign contributions, according to an examination by THREAT LEVEL.

The ordinance, similar to a New York City regulation, expands the definition of a nuisance property from those infested with drugs, gangs, gambling and prostitution to include a property producing, selling or storing counterfeited content. The entertainment industry is calling it an important milestone in combating piracy, though the measure's phrasing is focused primarily on professional pirates who produce DVDs and CDs that resemble authentic disks, and not downloaders. [ Read more ... ]