Cybersecurity Bill Introduced
As public officials await their summer vacations, two recent developments could foretell action on issues impacting security and investigative professionals. Senator Jay Rockefeller (D-WV) introduced S 1353, the "Cybersecurity Act of 2013" and several state attorneys general have blasted the Equal Employment Opportunity Commission (EEOC) for its actions to discourage the use of criminal background checks.
Congress is scheduled to begin a month long "district work period," at the end of next week. But in advance of that recess Senator Rockefeller introduced legislation designed to help prevent cyber attacks. Senator Rockefeller, who chairs the powerful Senate Commerce Committee, was able to get Senator John Thune (R-SD) to cosponsor the measure, so it may obtain bipartisan support. S 1353 does not include any provisions that directly affect private investigators. However, several times in the recent past he indicated that similar legislation could be amended to include privacy provisions. Last Congress the Committee had a bill before it that included restrictions on the use of pretexting. NCISS will be carefully monitoring S 1353 and will oppose any such amendment.
In a positive development, the EEOC has been criticized by nine state attorneys general for issuing employer guidance to severely restrict the use of criminal background checks. The joint letter also blasted the EEOC for filing two lawsuits against companies that had a policy of denying employment to individuals who had been convicted of specific crimes. The letter opposed the action of the EEOC and accused the Commission of attempting to create a new "protected class" of criminals in the civil rights law.
It is uncertain if the letter will have any effect on the EEOC. All nine AG's are Republican and the EEOC has a majority of Democrats. Nevertheless, this is a very positive development. NCISS continues to participate with an ad hoc coalition to oppose the restrictions on the use of background checks.
Larry Sabbath