This is a very interesting item, imo. The subject of these paras is the danger of Homeland Security regs being used for liability exemption, or a "Get out of jail free" card for companies:
"The Homeland Security Act allows companies to make voluntary submissions of information about critical infrastructure to the Department of Homeland Security. The idea is to encourage firms to share information crucial to running and protecting those facilities. But under the terms of the law, when a company does this, the information is exempted from public disclosure and cannot be used without the submitting party's permission in any civil proceeding, even a government enforcement action. Some critics see this as a get-out-of-jail-free card, allowing companies worried about potential litigation or regulatory actions to place troublesome information in a convenient "homeland security" vault. "The sweep of it is amazing," says Beryl Howell, former general counsel to the Senate Judiciary Committee. "Savvy businesses will be able to mark every document handed over [to] government officials as `CII' to ensure their confidentiality." Companies "wanted liability exemption long before 9/11," adds Patrice McDermott, a lobbyist for the American Library Association, which has a tradition of advocacy on right-to-know issues. "Now, they've got it."
...When Congress passed the law, it said the antidisclosure provision would apply only to information submitted to the Department of Homeland Security. The department recently proposed extending the provision to cover information submitted to any federal agency. A department spokesman did not respond to requests for comment."
usnews.com |
