The Trump Administration is using the reauthorization of a pipeline safety statute as an opening to insert new provisions that would give U.S. authorities broader latitude to thwart and criminalize the activities of protestors opposing hydrocarbon pipeline projects. The provision would apply to both existing pipelines and those that are under construction, with at least the partial intent of targeting large-scale protests that have encircled construction of oil transport infrastructure projects like the Dakota Access Pipeline and the Keystone XL Pipeline.… More
Category Archives: Security
Foley Hoag Releases Summary Report on Good Practices for Oil Pipelines, as Commissioned by the Dakota Access Consortium of Lenders
On May 9, we released a public summary of our report “Good Practice for Managing the Social Impacts of Oil Pipelines in the United States.” A copy of the public summary of the report is available here.
The independent report was prepared by Amy Lehr, Cicely Parseghian, and Gare Smith.… More
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: a federal court decision holding that U.S.-based companies may be obligated to turn over customer data stored outside the United States; an amicus brief opposing President Trump’s Executive Order establishing an entry ban on individual from seven Muslim-majority countries; and new guidance from the OECD with regard to due diligence in apparel and footwear supply chains.… More
Watch: Webinar on EU-U.S. Privacy Shield
This post was originally published on the firm’s Security, Privacy, and the Law blog.
Last month we presented a webinar detailing what you need to know about the EU-U.S. Privacy Shield and what your company should do now. Watch the recording here:
To download a copy of the presentation,… More
Five on Friday – Five Recent Developments that We’ve Been Watching Closely
It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring.
This week’s post includes: Apple’s refusal to comply with a federal court order; a new report highlighting the most pressing business and human rights challenges facing companies today; and an evaluation of corporate compliance with the California Transparency in Supply Chains Act.
- Apple made headlines this week when it announced that it would not comply with a federal court order requiring the company to assist the FBI in unlocking the iPhone of one of the San Bernardino shooters.…
New Credit Card Security Doesn’t Go Far Enough
This post, written by Martha Coakley and John Hurst, originally ran as an op-ed in the September 25, 2015 edition of The Boston Globe.
Hardly a week goes by without a news report of a new cyberattack. As any consumer affected by fraud knows, the harm is real. The impact on businesses, government,… More
The Right to be Forgotten: Another Scuffle between Google and The French Data Protection Authority
This post, written by Catherine Muyl and Alice Berendes, was originally published on the firm’s Security, Privacy, and the Law blog.
On 13 May 2014 the Court of Justice of the European Union (CJEU) issued a judgment which Google called a “landmark ruling” (Google v. Costeja Gonzalez case,… More
Alien Tort Case Development: Ninth Circuit Affirms Dismissal of Claims Against Occidental Petroleum
In mid-December, the Ninth Circuit Court of Appeals affirmed the dismissal of claims filed pursuant to the Alien Tort Statute (“ATS”) against Occidental Petroleum. Plaintiffs in the case argued that Occidental should be held liable for the deaths of three union leaders in Colombia who were killed by the Colombian National Army’s 18th Brigade in 2004. The court affirmed the lower court’s finding that the case raised non-justiciable political questions.… More
Protests Against Surveillance and New Rules on Transparency
Today, February 11, is a digital day of protest against surveillance by the National Security Agency. Billed ‘The Day We Fight Back“, participants in the protest range from activist groups to the Reform Government Surveillance Coalition, an business entity which includes Google, Microsoft, LinkedIn, Twitter, Facebook, Yahoo!, and AOL. Protesters’ demands include Congressional support for the Freedom Act,… More
Q & A with Gare Smith, Chair of the Corporate Social Responsibility Practice
Barrick Gold Corporation (“Barrick”) recently published an interview with Gare Smith, Chair of Foley Hoag’s CSR practice and a member of Barrick’s CSR Advisory Board.
Gare founded the CSR practice in 2000 after serving as Senior Foreign Policy Advisor and Counsel to U.S. Senator Edward M. Kennedy and Principal Deputy Assistant Secretary in the U.S. State Department’s Bureau of Democracy,… More
ATS of the North? Canadian Court Allows Suit to Continue for Human Rights Abuses Committed Abroad
The Superior Court of Justice of Ontario’s recent ruling in the matters of Choc v. Hudbay Minerals Inc., Caal Caal v. Hudbay Minerals Inc., and German Chub Choc v. Hudbay Minerals has signaled a willingness by Canadian courts to use generally accepted principles of common tort law to hold domestic companies liable for human rights violations committed overseas by subsidiaries.… More
What Might Liability under the ATS Look Like Post-Kiobel?: The Example of Private Contractors
Following the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum a number of questions remain as to whether corporations may be held liable under the Alien Tort Statute (“ATS”) for serious violations of human rights. The U.S. Supreme Court, in a unanimous decision authored by Chief Justice Roberts, held that the presumption against extraterritorial application of federal statutes applies to the ATS,… More
Supreme Court Holds that Plaintiffs Must Overcome Presumption Against Extraterritoriality in Alien Tort Statute Cases
Earlier today the U.S. Supreme Court issued its long-awaited ruling in Kiobel v. Royal Dutch Petroleum, the case that was to decide whether the Alien Tort Statute (“ATS”) could be applied to corporations as legal persons and whether such lawsuits could be based on actions that occurred outside of the territory of the United States. The Court did not directly address the question of corporate liability and stated that,… More
New Charter Outlines Concrete Steps to Implement the International Code of Conduct for Private Security Contractors
The International Code of Conduct for Private Security Service Providers’ Association recently published its Charter. This marks a critical step in the establishment of oversight and governance processes to operationalize the commitments outlined in the International Code of Conduct for Private Security Providers (“ICoC”).
The ICoC is a multistakeholder initiative the aim of which is to establish principles and standards for the private security industry based on international human rights and humanitarian law.… More
Reflections on the Evolving Business and Human Rights Agenda
As mentioned in last week’s post, participants in the Voluntary Principles Initiative recently held their Annual Plenary Meeting. The discussions began with opening addresses from Professor John Ruggie, the former U.N. Special Representative on Business and Human Rights and author of the U.N. Guiding Principles, and Dr. Margaret Jungk, from the U.N.… More
Participants in the Voluntary Principles Initiative Gather for 2013 Annual Plenary Meeting
On March 13-14, participants in the Voluntary Principles Initiative gathered in The Hague for the 2013 Annual Plenary Meeting. Foley Hoag’s Corporate Social Responsibility (“CSR”) practice has served as the Secretariat for the Voluntary Principles Initiative since June 2010.
Established in 2000, the Voluntary Principles Initiative is a tri-partite multistakeholder initiative that provides guidance to companies in extractive industries on maintaining the safety and security of their operations within a framework that ensures respect for human rights and fundamental freedoms.… More
Mobile Phone Security: Flawed Out of the Box?
According to an article in the Wall Street Journal last week (subscription required), smartphone makers are receiving an increasing number of requests from U.S. law enforcement agencies for assistance in bypassing password protections on encrypted mobile devices seized from criminal suspects. Although it is heartening to hear the article’s report that companies such as Google are challenging warrants requiring them to divulge “any and all means of gaining access,… More
Afghanistan’s Ban on Private Security Companies: What are the Risks for Private Investors?
The month of March marked a key deadline in the compulsory — but gradual — transition from the use of private to public security forces in Afghanistan. This transition was initiated in August 2010 when President Hamid Karzai issued Presidential Decree 62 in response to a number of criticisms regarding the presence, role and activities of private security companies ("PSCs") in Afghanistan. With a few exceptions,… More
Is Your Mobile Device Watching You?
A developer for Google’s Android mobile phone operating system has exposed what has the potential to be the most significant user privacy security vulnerability ever discovered in any computing device.
In a video posted to YouTube, Connecticut-based developer Trevor Eckhard has demonstrated how a program called Carrier IQ logs an astonishing amount of information about every aspect of mobile device use —… More
Facebook Settles FTC Charges and Agrees to Independent Audits of Its Privacy Program
Earlier today, Federal Trade Commission (“FTC”) and Facebook announced a settlement of the government’s charges that the company had deceived users regarding their ability to keep their information private. We have reposted below a blog post outlining the major elements of the settlement agreement. The post was authored by our colleague Colin Zick, co-founder of Foley Hoag’s Security & Privacy practice group,… More
A New Set of Principles for the Nuclear Power Industry
Corporate social responsibility and nuclear power? Indeed. In September, the very first code of conduct for the nuclear power plant industry was launched.
The development of the "Principles of Conduct" was facilitated by the Carnegie Endowment for International Peace. Representatives of all of the major exporters of nuclear power plants participated in the drafting process, which was initiated in 2008. I had the honor of being selected by the Carnegie Endowment to help facilitate the negotiations.… More
Keynote Remarks at the Voluntary Principles Extraordinary Plenary Meeting
Last week, I gave the keynote address at an Extraordinary Plenary Meeting of the Voluntary Principles on Security and Human Rights, held in Ottawa, Ontario on September 15-16, 2011. (Note: I did not deliver my remarks in my capacity as Senior Advisor to Foley Hoag’s CSR practice. As noted previously on this blog, however, Foley Hoag serves as the Secretariat for the Voluntary Principles.) … More
D.C. Circuit Upholds Corporate Liability under the Alien Tort Statute
On July 8, the D.C. Circuit Court of Appeals reinstated a lawsuit brought against Exxon Mobil Corp. (“ExxonMobil”) by Acehnese villagers, alleging that the company and its Indonesian subsidiary are liable for killings, torture, and other human rights abuses committed by the Indonesian military. In a lengthy 2-1 decision, the D.C. Circuit held that companies are proper defendants under the Alien Tort Statute (“ATS”),… More
Voluntary Principles Participants Gather for Annual Plenary Meeting
Foley Hoag’s CSR practice serves as the Secretariat for the Voluntary Principles on Security and Human Rights (the "Voluntary Principles”). The Voluntary Principles, a tripartite multi-stakeholder initiative established in 2000, provide guidance to companies in extractive industries on maintaining the safety and security of their operations within a framework that ensures respect for human rights and fundamental freedoms. The Voluntary Principles urge companies to
recognize a commitment to act in a manner consistent with the laws of the countries in which they are present,… More
Signature Ceremony Marks a Milestone for the International Code of Conduct for Private Security Service Providers
On November 9, at a signing ceremony hosted by the Swiss Government in Geneva, fifty-eight industry-leading private security companies (“PSCs”) signed an International Code of Conduct for Private Security Service Providers (.pdf).
The publication and signature of the Code represents a milestone achievement for a multi-stakeholder initiative, launched in June 2009 and sponsored by the Swiss Government, aimed at creating a set of universally recognized standards for private companies engaged in providing security services. … More
Bowoto v. Chevron: Appellate Court Upholds Jury Verdict
On September 10, the Ninth Circuit Court of Appeals upheld a jury verdict in favor of Chevron Corporation (.pdf) in a case involving plaintiff allegations that Chevron was complicit in human rights abuses committed by Nigerian security forces in 1998. Plaintiffs brought claims under the Alien Tort Statute (“ATS”) and the Torture Victim Protection Act (“TVPA”).
The primary events at issue in the litigation took place at an offshore platform belonging to Chevron’s Nigerian subsidiary. … More
Special Session of the Voluntary Principles on Security and Human Rights
In late June, Foley Hoag’s CSR practice was selected to serve as the new Secretariat for the Voluntary Principles on Security and Human Rights (“The Voluntary Principles”). On June 30 and July 1, three Foley Hoag attorneys, Gare Smith, Sarah Altschuller, and Amy Lehr, helped facilitate a special Mid-Year Special Session of the Voluntary Principles hosted by the United States Government,… More