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ISPLA Legislative Update

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  • Peter Psarouthakis
    Permission granted to re-post As the work of Congress draws to a close a few last minute items have been receiving attention. On December 16, President Obama
    Message 1 of 2 , Dec 17, 2010
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      Permission granted to re-post

      As the work of Congress draws to a close a few last minute items have been
      receiving attention.

      On December 16, President Obama announced his intention to nominate Center
      for Democracy & Technology Vice President for Public Policy James X. Dempsey
      to serve on the Privacy and Civil Liberties Oversight Board, an independent
      agency within the executive branch tasked by Congress with reviewing the
      civil liberties impact of anti-terrorism policies and programs. I worked
      with him on a few privacy issues dating back to the DPPA of 1994 when he was
      a key Congressional staffer before joining CDT. Years later I met with him
      on SSN and credit headers when he was with House Financial Services. He was
      always a reasonable advocate on privacy and civil liberty issues.

      The position, which is subject to Senate confirmation, is part-time, so, if
      confirmed, he will continue in his position with CDT. In August 2008,
      President Bush nominated Dempsey, along with three others, to the same
      Board, but the Senate did not act on any of those nominations.

      The other announced appointment to the same Board is Elisebeth Collins Cook,
      a partner at Freeborn & Peters, LLP's Litigation Practice Group. Her her
      areas of focus include: Complex Disputes, Constitutional and Civil Rights,
      Employment Litigation and Regulatory and Appellate work. She served four
      years at the United States Department of Justice, and in 2008 was
      unanimously confirmed by the United States Senate as Assistant Attorney
      General for Legal Policy. She testified before Congress and prepared dozens
      of witnesses for Congressional hearings. She also served as the
      Department's Regulatory Policy Officer and was active with the President's
      Identity Theft Task Force, and was a member of the Terrorist Screening
      Center Board of Governance. In 2009 she served as Republican Chief Counsel,
      Supreme Court Nominations, for the United States Senate, Committee on the
      Judiciary.

      This week Congress approved the Senate version of an anti-spoofing bill,
      S-30, the "Truth in Caller ID" which contains language favored by our
      profession as follows:

      `(1) IN GENERAL- It shall be unlawful for any person within the United
      States, in connection with any telecommunications service or IP-enabled
      voice service, to cause any caller identification service to knowingly
      transmit misleading or inaccurate caller identification information with the
      intent to defraud, cause harm, or wrongfully obtain anything of value,
      unless such transmission is exempted pursuant to paragraph (3)(B).

      Some of you may recall my relating to you before the summer that the chief
      legislative counsel for Sen. Bill Nelson [D-FL], the sponsor, had called to
      tell me that the Senate bill would prevail over the House versions by the
      end of this year. He was correct in his assessment.

      Our thanks to our ISPLA individual and association members, the
      manufacturers and distributors of caller ID equipment and their legal
      counsel, with whom we met in Washington, and to the other professional
      associations we kept advised of our handling and who provided wise counsel,
      NASCO, and to an extent ASIS. We also recognize the good work of NCISS in
      their efforts.

      We have previously commented on S 3806, the Secure Facilities Act of 2010
      which is a bill that may affect our members handling security contracts for
      the Federal Protective Service. ISPLA has in the past been conferring with
      NASCO lobbyist attorney Steve Amitay and the IASIR security industry
      representative Lynn Oliver. The consensus is that S 3806 is a better bill
      than either the House Democratic or Republican bills on this matter.

      S 3806, the "Secure Facilities Act of 2010" sponsored by Sen. Joseph I.
      Lieberman [I-CT] appears to have some last minute movement. Our contract
      security members favor his version. We previously provided ISPLA members
      with a more detailed account of these bills.

      In 2011, Congressmen Fred Upton of Michigan, Peter King of New York, and
      Lamar Smith of Texas will all be chairing committees which have jurisdiction
      over issues of concern to ISPLA--House Energy and Commerce, Homeland
      Security, and Judiciary. (Fortunately, we have ISPLA Executive Committee
      members in the home state of each Republican committee chairman. In fact, we
      are presently in a much better position than NCISS, NASCO or ASIS in that
      regard. I expect we will continue to work with the latter two organizations
      in 2011 as we have in 2010 (NCISS has declined our offer to work together.)
      These are important committees before which House bills affecting
      investigative and security professionals are often reviewed and hearings
      held.

      Bruce Hulme
      ISPLA Director of Government Affairs
      www.ISPLA.org
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