USLegal Reporter

The California Supreme Court has ruled 7-0 that the salaries of public employees including police officers are a matter of public interest and must be made available upon request. In reaching its decision on Monday, the Court said “in light of the strong public policy supporting transparency in government, an individual’s expectation of privacy in a salary earned in public employment is significantly less than the privacy expectation regarding income earned in the public sector.”

The ruling came after two California newspapers had filed suit to demand the names and salaries of city employees who earned more than than $100,000 a year. 

California employee unions had argued that the public disclosure was an invasion of privacy.

Sources: http://www.courtinfo.ca.gov/opinions/documents/S134253.PDF,

http://www.forbes.com/feeds/ap/2007/08/28/ap4060606.html

 

The Center for Constitutional Rights (CCR) Thursday challenged the constitutionality of the Protect America Act of 2007, which expands by six months the government’s authority for surveillance while Congress updates the Foreign Intelligence Surveillance Act. CCR made the challenge in a federal district court case (CCR v. Bush) that deals with the National Security Agency’s domestic surveillance program.

CCR argued that the legislation violates the Fourth Amendment’s requirement that judges approve warrants for surveillance upon evidence of probable cause. According to CCR, ‘[t]he law effectively removes oversight for spying from the FISA court and leaves it up to the Executive Branch to monitor itself, with Attorney General Gonzales having the primary responsibility for oversight.’

Source: http://www.ccr-ny.org/v2/reports/report.asp?ObjID=zA1Jb24BK4&Content=1084

President Bush Sunday signed the Protect America Act of 2007, which expands for a six-month period the government’s power to undergo surveillance (without warrants) of foreign nationals it reasonably believes are outside the United States. In the meantime, Congress is to work on long-term legislation to update the Foreign Intelligence Surveillance Act. The U.S. Senate approved the law on Friday and the House of Representatives on Saturday.

The new law is designed to provide guidance to the National Security Agency in intercepting communication, such as telephone calls and emails that pass through the U.S. The legislation requires the agency to seek authorization of the director of national intelligence and the attorney general prior to beginning specific surveillance and requires the Foreign Intelligence Surveillance Court to review the surveillance within 120 days.

Opponents say the legislation lacks judicial or congressional oversight of interception of communications between residents of the U.S. and persons overseas.

Source:  http://jurist.law.pitt.edu/paperchase/2007/08/bush-signs-intelligence-surveillance.php

Clay Johnson III, Deputy Director for Management of the Office of Management and Budget, issued a memo on Tuesday to all department and agency heads ordering the implementation of new security measures to fight identity theft.

The agencies have until early 2009 to reduce and protect the personal identifying data that they maintain in records for public citizens and employees. The agencies must review their files within 120 days to identify cases where Social Security numbers are not required and “establish a plan in which the agency will eliminate the unnecessary collection and use of Social Security numbers within 18 months.” The agencies also have 120 days to establish a policy for notifying security officials, possible victims and the general public of loss or exposure of identifiying information. Further, agencies must encrypt all data on mobile computers or information storage devices unless there is written certification that the information is not sensitive, and must secure a safe method for remote access to sensitive data. Finally, agencies must improve security training of employees and establish written discipline descriptions for violations.

The memo stemmed from recommendations from the Identity Theft Task Force to reduce the growing loss and theft of personal information. 

Source: http://news.findlaw.com/ap/o/51/05-23-2007/f1e100298b396793.html

As a result of the Virginia Tech massacre, Republican Congressman Tim Murphy of Pennsylvania proposed legislation on Wednesday that would permit colleges and universities to release information regarding a student’s mental health to parents or guardians when students are considered to be at risk of carrying out suicide, homicide or physical assault.

The legislation entitled ‘The Mental Health Cooperation Act for Families and Schools’ is designed to help parents become more involved in the mental health treatment process. The law would clarify communications with parents allowed under the existing Federal Educational Rights and Privacy Act of 1974, which allows access to student records upon student consent, in emergency cases and when needed to protect a student’s health. Congressman Murphy believes that the existing Act is too vague.

Source: http://apnews.myway.com/article/20070426/D8ONV9E00.html

Washington State Governor Chris Gregoire on Wednesday signed legislation opposing the REAL ID ACT. The bill prohibits state spending on implementation of the Act, unless the federal government addresses privacy and security concerns, unreasonable costs and record-keeping burdens that stem from implementation of the Act. Under the legislation, the state attorney general would also be allowed to challenge the Act’s constitutionality with the governor’s approval. Four other states, including Maine, Arkansas, Idaho and Montana have passed and more than 20 other states are considering similar measures.

The REAL ID Act, which was drafted after 9/11 and passed in 2005 as part of an emergency supplemental appropriations defense spending bill, calls for federal identification requirements as a way to discourage illegal immigration. The Act strives to prevent terrorists from fraudulently obtaining driver’s licenses and other government identification, as well as boarding airplanes and entering federal government buildings. Under the law, states would be required to develop a new driver’s license and personal identification card containing identifying information that is stored in a national database. States would then be required to obtain birth certificates and proof of citizenship and state residency from applicants and check such documents against the database prior to issuing the driver’s licenses or government IDs. The Department of Homeland Security recently extended the original compliance deadline of May 2008 by 18 months in response to concern and opposition by states.

See: http://www.helenair.com/articles/2007/04/19/montana/000agov.prt

http://jurist.law.pitt.edu/paperchase/2007/04/washington-governor-signs-legislation.php

FBI Director Robert S. Mueller III has admitted that the FBI used shortcuts, violated internal policies, and improperly used “exigent circumstances letters” and “national security letters” to gather information through its counterterrorism powers under the Patriot Act.

Exigent circumstances letters and national security letters are methods for making emergency demands for personal information from telephone companies, internet service providers, banks, credit bureaus, and other organizations. Review of their use has uncovered instances of false and undocumented evidence being used to connect the records sought to ongoing espionage or counterterrorism investigations, among other improper practices.

Source: http://www.washingtonpost.com/wp-dyn/content/article/2007/03/17/AR2007031701451.html?sub%3DAR&sub=new