Our Tax Dollars at Work [more...]

Private Sector Known Traveler Program (PSKT) to Launch in Orlando [more...]

Employer Anti-Drug Prevention Gets Boost from US Supreme Court [more...]

Insurance Coverage in Cyber Fraud [more...]

"Eco-Terrorists" Make FBI's Most Wanted [more...]

Sarbanes-Oxley Compliance Costing Corporations [more...]

Risk Management in Stalking Cases [more...]

Senate to Decide on Vital Investigative and Security Bill [more...]

Identity Fraud Summit July 14 & 15, 2005 [more...]

The United States Citizenship and Immigration Services (USCIS) and the new United States Immigration and Customs Enforcement (ICE) announced last month that in a cooperative effort to fight crime, the organizations had promulgated a new version of the Employment Eligibility Verification Form (Form I-9). The revised form includes few changes and many employers wonder if their tax dollars could not have been better spent. The new form deletes references to the former Immigration and Naturalization Service (INS) and the Department of Justice (DOJ), and replaces the references with those of USCIS and ICE. USCIS and ICE (Divisions of the Department of Homeland Security) now handle most immigration issues within the United States and abroad.

Separately, the Department of Homeland Security (DHS) is working on a substantial revision to the I-9 form, but has released no details. A revised form is scheduled for release later this year. The whole affair raises questions, however, as to the effectiveness and direction of DHS. While employers will complete the I-9 to presumably prevent ineligible workers from getting legitimate jobs, the real problem is our porous borders. As long as illegal workers are able to cross into our country, new I-9 forms and stricter employer penalties for non-compliance will not make America safer. One must ask: if this revised form of homeland security amounts to shuffling a few cards, renaming and combining a few federal agencies, and few form changes, what on earth took so long? If this country is to ever truly be safe, we must first secure our borders. No institution, regardless of how grand it is, can ever protect its members or its assets as long as anyone can enter it undetected.

The success of the Registered Traveler pilot program has paved the way for the Private Sector Known Traveler Program. One year ago this month, the Transport Security Administration (TSA) launched the Registered Traveler pilot program at five major airports (Minneapolis, Boston, Houston, Washington D.C., and Los Angeles), a program designed to improve and expedite the screening process of travelers. The TSA recruited frequent traveling volunteers for the Registered Traveler program and gathered background information as well as biometric data (fingerprint and iris scan) on each participant. When traveling, participants would pass through a biometric kiosk, thereby verifying their identities, and then pass through primary security along with all other travelers, but would not be randomly selected for secondary screening. Registered Travelers passed more quickly into secure areas, eased the congestion at checkpoints, and reduced the wait time for all other passengers in line for screening. The Private Sector Known Traveler Program (PSKT), which is to be implemented in Orlando International Airport, will be the first large-scale test of the Registered Traveler concept. PSKT will allow participants to begin using the system in mid July 2005. If PSKT is successful, the likely result will be further expansion of the program to other major cities and airports.

Employer drug and alcohol abuse prevention and testing received a boost when the U.S. Supreme Court ruled in Gonzales v. Raich, No. 03-1451. The ruling specified that state laws authorizing the use of marijuana to treat illness do not insulate drug users from federal law, making such behavior criminal. Ten states currently have laws that allow the prescription of marijuana to ease the pain of chronic medical conditions. Previously, those states may have been asked to hire or to continue to employ workers who test positive for marijuana on the ground that such use is consistent with prescription drug use. Employers should refer employees and applicants to company policy to communicate clearly that state-authorized marijuana use is not accepted as legitimate drug use and such use may lead to disciplinary action.

At the recent Professional Liability Underwriting Society's 17th annual conference in San Diego, underwriters noted that coverage of cyber risks was growing slowly. The main customers are technology firms, healthcare providers, and multimedia firms with minimum assets of $500 million. Smaller firms can't afford coverage. Insureds can obtain up to $100 to $150 million limits. One expert said that 95 percent of extortionists in the past have demanded $10,000 to $50,000. Victims tend to pay, quietly. The remaining five percent that refused to pay lost millions from the resulting cyber damage caused.

The Federal Bureau of Investigation have labeled "Eco-Terrorists," or radical extremists associated with the Animal Rights, Environmental, HIV Research, Anti-War, and Anti-Globalization movements, as the nation's top domestic terrorism threat. According to the FBI, these extremist groups have caused over $100 million dollars in property damage in the United States alone. "Eco-Terrorists" are known to "invade offices, smash windows, protest at offices causing property damage…these groups systematically harass, threaten, and assault employees and their families at work and at home…sometimes on a daily basis," claims the FBI. Proper threat analysis of any high-profile company is in the best interests of the safety and security of the company and its employees.

The Sarbanes-Oxley Act of 2002 was designed to not only regulate the disclosure of financial and accounting information, but also to help the public, specifically investors, reclaim their confidence in corporate America. However, the cost of compliance to corporations is proving to be greater than expected, according to a survey of chief financial officers (CFOs) by Financial Executives International (FEI), a professional organization of CFOs and other senior financial executives. The cost of compliance was estimated at $4.36 million for the 217 public companies surveyed (those surveyed had previously expected to pay $3.14 million). The majority of respondents felt that giving investors more confidence in a company's financial reports was a benefit of Sarbanes-Oxley, but 94 percent thought that the costs of compliance would exceed the benefits.

Until the late 1980's, most people had never heard the term "stalker." Now "stalking" is firmly embedded in our lexicon, legislature, and culture. Our popular culture has presented a double message on the issue, as movies such as "Fatal Attraction" and "Someone to Watch Over Me" have attempted to portray stalkers as lethal (which they can be), while music such as "Every Breath You Take" and products such as Calvin Klein's "Obsession" make the concept of stalking almost acceptable. The unfortunate reality is that stalking is a very real and dangerous criminal behavior, and stalkers can produce intense trauma, fear, and the feeling of loss of control in their victims. Furthermore, the threat of a stalker is probably closer than you think: 1 in 12 American women and 1 in 50 American men will be victims of stalking in their lifetime. Each year one million women and 400,000 men are stalked in the U.S.

If you or someone you know is a victim of stalking, contact your local authorities and insist that a police report be filed and document the stalking activities (keep the letters, gifts that are sent and record conversations if possible). Furthermore, inform friends and family of the situation, contact the local prosecutor, and seek professional counseling and investigative services. The victim should alter their normal patterns of movement, upgrade locks in their home, get a large dog that will respond to unusual noises, and hire personal security if possible. In other words, utilize a team approach to the problem, create a game plan as to how to ensure safety and minimize risk, and regain some power in the situation. You just might be able to keep those "Obsessions" to a minimum.

S. 1332, The Personal Data Privacy and Security Act of 2005 will be heard and discussed in Washington before the next Senate Judiciary Committee meeting on July 14, 2005. The bill is designed to enhance punishment for identity theft and other violations of data privacy, as well as to improve the security of personally identifiable information. The bill appears to be a response to the public outrage over identity theft and the compromise of personal information. This outrage was exacerbated recently by a disastrous security breach by Choicepoint, a data broker who unwittingly allowed for the private information of nearly 150,000 Americans to be compromised to well-organized criminals pretending to be legitimate businesses.

While not objecting to the spirit of S. 1332, private investigators and security professionals are viewing the bill as a handicap that would drastically reduce their ability to provide services. Currently, there is no exemption for investigators to access, for example, Social Security numbers. S. 1332 would create barriers for private investigators and security professionals alike to obtain background information such as Social Security numbers, which may limit the timeliness and effectiveness of subsequent investigations.

Private investigators are often hired to prevent business ruin and job losses by investigating embezzlement, robberies, burglaries, thefts, losses, fires, and other casualty claims. Without private investigators, corporations and other injured parties would be limited to the resources law enforcement can expend on the investigation. The General Accounting Office has found that insufficient resources are allocated by authorities to investigate such crime and police departments face jurisdictional complications. Victims often turn to private investigators to help them recover their credit and good names. The Federal Trade Commission (FTC) reports that over 27 million Americans were victims of identify theft and victims lost close to $48 billion in 2003.

Security professionals rely on their ability to gather information about individuals not only for conducting investigations, but for the purpose of locating witnesses, missing persons, heirs, "deadbeat parents," debtors, and pension beneficiaries.

Security companies and organizations are attempting to prevent any unintended damage to the court system and commerce caused by overly broad regulatory language meant to protect personal identification information. The concern is that restrictive legislation such as S. 1332 may result in punishment for the very people and organizations leading the charge against identity theft. By taking away the primary tools used by private sector investigators to fight identity fraud and theft, those who are handicapped are unfortunately the only resource most victims can afford.

For more information, go to NCISS and look on the right side under "NCISS Identity Theft Seminar".

Once again, the National Council of Investigation and Security Services will "Hit the Hill" and lobby Congress regarding issues critical to the investigative and security industry.

NCISS is also sponsoring Washington D.C.'s first Identity Fraud Summit. This is a FREE seminar with lunch included. NCISS will help you get appointments with your legislators or their representatives and will provide you with handouts and talking points. Attendees may also tag along with a seasoned veteran.

For more information call Ms. Carol Ward, NCISS Executive Director, at 800.445.8408.