Archive for the ‘Legislation’ Category

It looks like the California Assembly bill that would have created an Internet Domestic Violence Registry has excised that feature from the recent draft.

The California Sheriffs’ Association has announced that VINELink will soon include all California counties, not just the 17 that are currently at that site. VINELink provides real-time status of offenders in county jails.

Private investigators will have more difficulty finding people in California if proposed legislation, Senate Bill 1423, becomes law. The bill titled, “Unlisted telephone numbers”, would ban phone companies from charging a fee to their subscribers who wish to have their phone numbers unlisted or nonpublished. In that case, won’t everyone in California request that their telephone number listing be private?

The 11th U.S. Circuit Court of Appeals ruled in favor of a law firm that obtained Florida vehicle record information for litigation purposes. The plaintiff had claimed that the firm violated the federal Driver’s Privacy Protection Act in purchasing his vehicle ownership data, but the court said that the law firm met one of the permitted exceptions. However, pending cases may lead to settlements in which ChoicePoint (and other public record providers) voluntarily agree to limit the personal information they release, even if the sale of the data complies with the law.

The Ohio Supreme Court ruled in favor of a newspaper which sought a list of names and addresses of foster care providers maintained by a state family services agency. In a complicated intersection of Ohio state public records access law and federal funding restrictions, the agency must determine which records meet the Social Security Act exception to disclosure.

Selected Laws Governing the Disclosure of
Customer Phone Records by Telecommunications
Carriers, a recently released Congressional Research Service report, summarizes the laws, legislation and congressional actions related to telephone call log records. The Federation of American Scientists has a database of some of these CRS reports, which are selectively released by members of Congress.

Computer Forensic professionals are quickly finding out that several states are now requiring them to be licensed as private investigators.

A recent article in Baseline Magazine details how legislators in South Carolina have introduced pending legislation where “digital forensic evidence gathered for use in a court in this state must be collected by a person with a PI license or through a PI licensed agency.”

The Texas Private Security Board recently made a ruling regarding the licensing regulations which effect computer security consultants and computer forensic examiners. They felt that it is important that these computer related practitioners, as well as the entities hiring their services, are familiar with the licensing regulations, as violations carry steep financial and legal penalties.

There is no doubt that these regulations will cause computer forensic experts to create strategic business alliances with private investigators to insure that evidence they collect is not thrown out of court over licensing issues.

What do you think about this? Should computer forensic experts be required to have a PI license? Do private investigators have the necessary training and expertise to conduct computer forensic examinations?

The online telephone directory, 411.com isn’t just for finding listed telephone numbers. Use it to identify current employment or to expand the employment history profile of your subject. A search on my name in California returned 40 results. Some are home listings, but other records are work contacts. These are extracted from the Internet – Web pages and Zoominfo – and may supplement the business associations found at various other people finder sites.

Google the work designation “Mt Diablo Soccer League” to find a photo, phone number and email for this Tamara Thompson.

Most of the free lookup, fee-based people finder sites – PeopleFinders, Voompeople, Privateeye, to name a few, – contain the same data, although those may list corporation and DBA records not found at 411.com.

The recent proposal by the governor of Connecticut requiring that these sites offer a blanket opt-out to residents likely won’t get legal traction. The Internet people finder databases and telephone directories already have opt-out procedures, and their information is gathered from government public records and published directories. Governor Rell has stated that this measure would address safety concerns for the elderly, who are often targeted in financial scams.

The Ohio Office of Homeland Security, which licenses security guards, is having trouble keeping an accurate count of licensees since a recent requirement went into effect that employers register each new security guard hire. [State system doesn’t allow exact accounting of security guards, CantonRep.com, May 29, 2007.]

The state estimates about 21,000 individuals holding security guard licenses but says that number could be inflated by as much as 3,000 since employees are registered each time they go to work for a new company, meaning some could be registered multiple times.

Meanwhile, changes in access to public records in Ohio may make it difficult for even law enforcement to do background checks. Recently passed legislation shields personal information in public records on some government employees and their family members.

The New York Drug Dealer Registry Act, recently introduced legislation, would require drug dealers with felony convictions to register upon release from prison.

The North Carolina Court of Appeal ruled against a newspaper that sought clemency appeal applications under the state public records law. [North Carolina Appeals Court Holds That Public Records Act Does Not Apply to Clemency Applications, Media Law Prof, June 7, 2007]

The Pennsylvania Supreme Court agrees with the Pittsburgh Tribune-Review that juror names are releasable under the state public records act. The newspaper was rebuffed in its request for juror addresses. [Names of criminal trial jurors are public, RCFP, June 5, 2007]

The Arizona Court of Appeal agreed with Phoenix Newspaper, Inc. that a claim for damages made against a school district is a public record, even in the case of a rape of a minor. [Ruling: Rape victim's compensation claim public record, Arizona Republic, June 12, 2007]

A few months ago I wrote about the California Department of Alcoholic Beverage Control maintains License Query System. An added feature to the ABC site is daily, weekly and annual reports of new licenses, license status changes and actions taken against licenses including, revocations, suspensions, fines, and issuance or denial of licenses. The database of reports cannot be searched at the site. Search the archived reports from September 16, 2006 to the present by using this advanced search at Google. Replace “Safeway” with your company name, address or other key words.

safeway site:www.abc.ca.gov/reports/

Reporters and anyone compiling statistical data will be able to make use of the reports menu at the ABC site. Query the reports by location and license type to get a detail of all that meet that criteria. For example, find all the caterer licensees in Azusa.

Washington State law now bans employer access to the credit reports of employees or potential employees unless such information is substantially related to the individual’s current or potential job responsibilities. An exception is made if the employer has a “reasonable cause to believe” that the employee “has engaged in specific activity that constitutes a violation of law.”

Missouri private investigators are poised to receive the stamp of legitimacy with the establishment of the Board of Private Investigator Examiners, which will license and regulate private investigators. The bill is awaiting the governor’s signature, which is expected this summer. The Missouri Association of Private Investigators has worked diligently to secure state level licensing and soon they’ll be able to join the majority of states that license PIs.

New regulations for Indiana private investigators will go into effect July 1, including the replacement of the term “private detective” with “private investigator”.

The Wisconsin Supreme Court will decide whether property assessment databases created on behalf of municipalities by private companies are a public records.

Legislation introduced in Pennsylvania would make it a crime to obtain, sell or receive phone records of state residents without their authorization.