June

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Homeland Security and the Future of Privacy Rights: A Commentary
Your individual privacy is more at risk in the United States than in other countries that are also fighting terrorism. Has our Homeland Security bureaucracy failed us in protection of our privacy rights? We can expect congressional efforts in 2009 to create a European-style robust protector of privacy rights as the outgoing administration’s secrecy fetishes fade away.

Features

Slowly But Surely: The Fall and Rise of the SAFETY Act
In 2002, Congress passed the Support Antiterrorism by Fostering Effective Technologies (SAFETY) Act to encourage the development of counterterrorism technology by making it harder to sue those working to make innovations in this area. And it is not surprising that significant controversy has erupted as a result of this seemingly simple statute.
The Security of Chemical Facilities: A Perpetually Moving Target?
Legislators are continuing to do battle on the field of chemical facility security. The fighting has continued most fiercely over the no-man’s land of “inherently safer technology,” although new fronts have opened up over the adequacy of DHS’ current authority and its pre-emptive effect. DHS and industry leaders are united, to some extent, by fear of what Congress’ next bill might look like and are awkwardly engaged in a mutually skeptical alliance, seeking to make the current program a success for both sides.
Moving Freight After 9/11: Compliance Dashboards to Keep Clients Current
With a low-key start right after 9/11, the U.S. Department of Homeland Security is now making substantial demands of companies that move freight. Between such new rules and the U.S. Department of Transportation requirements of longstanding, client businesses now face a bewildering and fast-changing regulatory landscape. Lawyers need a fresh approach to compliance counseling commensurate with this dynamic environment.