Liability shield for data miners

[David Farber <dave () farber net>]

Begin forwarded message:

From: Guilherme <groschke () luminousvoid net>
Date: June 18, 2004 11:19:52 AM EDT
To: dave () farber net
Subject: Liability shield for data miners


for IP, if you wish:

Get identified as a terrorist?  Have your life ruined?  Will a court be
able to reimburse you?

sincerely,

Guilherme Roschke


http://www.washingtonpost.com/wp-dyn/articles/A50664-2004Jun17.html

Lockheed, Others Get Liability Shield

By Robert O'Harrow Jr.
Washington Post Staff Writer
Friday, June 18, 2004; Page E01

Four companies that sell security technology have been granted liability
protection from lawsuits triggered by an act of terrorism, the 
Department
of Homeland Security plans to announce today.

The department has worked for more than a year on regulations intended 
to
encourage companies to come forward with innovative technology and
services, in part by assuaging fears that they could be held responsible
for the consequences of a catastrophic attack.

Among those receiving the limited liability protection is Bethesda-based
Lockheed Martin Corp.'s risk assessment platform, the computer system at
the heart of the aviation screening program called CAPPS II. It is
designed to use public records and intelligence to determine whether an
individual poses a security threat. The other companies produce
explosive-detection systems, biohazard sensors and devices designed to
neutralize explosive devices.

Homeland Security officials consider the liability protection crucial in
spurring development of new technologies to protect the nation. The
authority comes from a law approved in 2002 called Support 
Anti-Terrorism
by Fostering Effective Technologies (SAFETY) Act, which was included in
the legislation that created the department.

"We need to make sure that technologies that protect the American people
are deployed," said Penrose "Parney" Albright, the department's 
assistant
secretary for science and technology.

Scores of companies have applied for the designation and certification
that provides the legal protection, and a dozen or so more will receive
the designation before long, officials said. But the process of applying
can take up to 110 hours and require a company to provide pages of 
details
about its operation and financial condition. Approval can take as long 
as
three months, according to a Homeland Security Department document.

Department officials streamlined the process after companies complained
last fall about the task of applying for the designation.

Benefits for the makers of "qualified anti-terrorism technologies" 
include
a prohibition on punitive damages, limits on payments to plaintiffs and
limits on the amount that a business will pay for liability insurance
coverage. The SAFETY Act says businesses should be able to obtain
insurance at "prices and terms that will not unreasonably distort the
sales price" of their products.



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