With Body-Worn Cameras, Here Comes the Hard Part

H. Bryan Cunningham by Bryan Cunningham, Cunningham Levy LLP
Monday, November 23, 2015

In this final article, we take a deep dive into these issues vital for the long-term success of BWC deployment, both for law-enforcement officer protection and accountability and the safeguarding of the privacy and civil liberties of all of our citizens: first, the storage, analysis, protection and use of BWC-generated data; second, the susceptibility of such data to Freedom of Information, Sunshine Law and related requests for public disclosure of such data.

How to help federal CIOs do more for accessible tech

Karen Evans by Karen Evans, KE&T Partners
Monday, November 23, 2015

Over the years, efforts to make technology accessible to people with disabilities have had mixed results. For starters, the implementation of Section 508 is uneven across various government agencies. Some agencies include compliance provisions in their technology vendor solicitations, while some ignore it altogether. In addition, some agencies have been slow to adopt accessibility solutions overall.

U.S.-E.U. safe harbor collapse affects all of us

Doug Miller by Doug Miller, Milltech Consulting
Saturday, November 21, 2015

Without the Safe Harbor framework, companies are faced with the almost insurmountable task of establishing data sharing agreements with individual regional jurisdictions. Without these agreements, a global company’s operations are now in question and they must think twice about investing abroad. Consumers, if not directly effected as employees of companies that curtailed trans-Atlantic operations, would be faced with the loss of the Internet as its known today, a means of global commerce, information and communication exchange. Without agreements in place to provide “borderless” transfers of data, there will be no trans-border mechanism for e-commerce, sending and receiving emails, or sharing personal information using social media. In other words, without Safe Harbor, the backbone of modern technology — information exchange — will be significantly hampered.

Modernizing Electronic Surveillance Law

Daniel J. Solove by Daniel Solove, TeachPrivacy
Thursday, November 19, 2015

Congress has failed to keep ECPA up to date. The result is that ECPA contains inadequate protections for electronic data. The statute was written in a way that was too tightly linked to the technology at the time, creating massive complexity and confusion when ECPA is applied to the technologies of today.

Shifting privacy landscape and the need for Congressional reform

Julie Anderson by Julie Anderson, AG Strategy Group
Friday, November 13, 2015

The LEADS Act is a bipartisan opportunity to reform ECPA and improve international data sharing while simultaneously protecting the privacy of individuals. The legislation clarifies that U.S. law enforcement warrants do not apply to emails of non-U.S. citizens that are stored in other countries. Absent congressional action, the privacy of individuals will be at risk and law enforcement agencies will continue to operate in an uncertain environment. The passage of the LEADS Act will also lay a meaningful foundation for a new Safe Harbor agreement. LEADS strikes the delicate balance between security and privacy that is critical in today’s digital world.

Access to Data Must Be Governed by Modern Law — Why Congress Must Act

Karen Evans by Karen Evans, KE&T Partners
Monday, November 02, 2015

Antiquated and outdated are words I hear too often when someone describes the federal government’s approach to information technology — or the corresponding laws and policies governing its implementation. During my nearly 27 years of public service, it was clear that the government’s response to new technology was often delayed by the challenges of reconciling new technology with existing law. Many laws today, including the Electronic Communications and Privacy Act, are decades out of date and do not address the use of cloud computing and mobile devices. Without new legislation, such as the Law Enforcement Access to Data Stored Abroad Act, the U.S. is at risk of falling behind in its approach to privacy, jeopardizing its position as a leader in the digital age. The opportunities and benefits afforded by these innovations are endless, but they will be minimized, even detrimental, without policy action in Congress to safeguard individual privacy. Moreover, the recent Safe Harbor announcement underscores the need for greater clarity to protect citizen privacy and the economy at large.

A New US-EU Safe Harbor Agreement

Bradley Shear by Bradley Shear, Law Office of Bradley S. Shear
Thursday, October 29, 2015

The recent invalidation of the U.S.-EU safe harbor agreement is a seminal moment in technology policy. It is the latest example of government taking a step backward. At the same time, the decision presents an opportunity to craft a new rule of law that balances the importance of information security and personal privacy in the digital age. A new agreement will ensure that the digital economy continues on its upward trajectory. As policymakers work to establish a new safe harbor agreement, the U.S. must show the world that we believe privacy is a fundamental human right.

Md. needs stronger data protection rules for police body camera video

Bradley Shear by Bradley Shear, Law Office of Bradley S. Shear
Monday, October 26, 2015

These cameras will collect a massive amount of data, and out of cost considerations, law enforcement agencies will most likely store it in the cloud. Rather than allowing each agency to create their own set of security policies, the commission should instead require police departments in Maryland to implement the FBI's widely accepted and trusted Criminal Justice Information Services Division Security Policy (CJIS) for body camera recordings. CJIS is the strongest set of security protocols available to protect sensitive law enforcement information. The CJIS security policy provides an added layer of security such as routine audits and background checks for individuals working with sensitive data. Absent this requirement, significant challenges for the law enforcement community will arise along with questions about data security.

U.S. needs to step up after Safe Harbor collapse

Karen Evans by Karen Evans, KE&T Partners
Friday, October 23, 2015

Earlier this year, Cloud Channel TV asked me to express my views on a number of topics related to data sovereignty and technology. This was months before the demise of Safe Harbor, and yet the same arguments hold. Our rules governing data are old and have failed to keep up with innovation. However, the intent behind those laws – protecting privacy while taking advantage of technology – is now more relevant than ever. We need to craft legislation that maximizes privacy and enhances technology, while providing a solid framework for law enforcement and national security. This will not be easy, but it is necessary.

What Body Camera Data Should Police Collect and When?

H. Bryan Cunningham by Bryan Cunningham, Cunningham Levy LLP
Friday, October 16, 2015

As our second article of this series, we consider the most important collection issues that must be decided immediately upon BWC deployment, in order to forestall complex problems down the line.