legislation

Legislation has been introduced in Delaware to open up that state's two public universities to public-records requests, The News Journal's Jon Offredo reports. A similar effort was made last year, but the bill was narrowed to only require the universities to supply documents related to contracts funded with taxpayer dollars. Delaware and Pennsylvania are the only states that exempt public universities from open records laws.

The prognosis for the legislation may not be strong. Sponsor Rep. John Kowalko, however, was removed from the House Education Committee and stripped from his chairmanship of the House Energy Committee after criticizing the governor's education policies, Offredo reports.

In the 14 years since Oregon enacted a law to allow defendants to get DNA testing to show they might be innocent, only two have gotten judges to approve such testing. As a result, legislators in Oregon have introduced a bill to reform the state's DNA testing law for defendants, Oregon Public Broadcasting's Amelia Templeton reports.

Under current law, defendants have to show that DNA testing on specific pieces of evidence would conclusively prove their innocence. The new bill would relax the standard, requiring defendants to "present a theory of defense supported by DNA evidence, and prove that a favorable DNA result would lead to finding that person would not have been convicted if the testing had been done before their trial," Templeton reports.

Colorado lawmakers have delayed a vote on legislation that would criminalize the use of drones and other surveillance technology to photograph or monitor people, the Associated Press reports. The legislation would make it a crime first-degree trespassing to take images of someone with a reasonable expectation of privacy. One legislator said the bill, as drafted, would be a "'teribbly sweeping criminalization of photography.'"

The sponsor asked for a delay in the vote on the bill in order to rework it.

A Republican Tennessee state senator has introduced legislation to bar drones from flying at sporting events, concerts and other large events, ABC local affiliate WKRN's Jamey Tucker reports. The bill also would address copyright issues when event sponsors hire vendors to record their events.

A bill has been introduced in the California Senate to make it illegal for drones to be flown over private property unless drone operators have the permission of owners, the San Francisco Business Times' Patrick Hoge reports.

In another drone-legislative development, a bill has been proposed in Oklahoma to shield anyone from liability if they destroy a drone that flies below 300 feet over their property and encroaches on their privacy, The Oklahoman's Rick Green reports.

An Arkansas bill that would have banned the use of drones over private property unless owners gave permission won't be taking off, Northwest Arkansas Democrat Gazette's Doug Thompson reports. Instead, the bill will be replaced with another bill to amend the state's anti-voyeurism laws.

The New York legislature is considering bills to restrict the use of drones by law enforcement, the Tenth Amendment Center reports: "Introduced on Jan. 7, Senate Bill 411 (SB411) by Sen. Gordon Denlinger (R-Syosset) and Assembly Bill 1247 (A01247) would ban law enforcement from using a drone in a criminal investigation with a few exceptions, and would prohibit any 'person, entity, or state agency' from using a drone for surveillance anyplace a person has a reasonable expectation of privacy unless they meet specific requirements."

The Colorado Senate is also considering limits for drones, the Associated Press' Kristen Wyatt reports. The bill also would require law enforcement to have warrants before using drones.

Maine is considering a bill that would go even farther, the Tenth Amendment Center also reports. The bill would place a moratorium on all drone use until July 1, 2017, except for emergency situations. After that, law enforcement agencies would need a court order or a warrant to be able to use drones. The law also would create a private right of action for violations of the law.

The Hill's Cory Bennett reports that the hack of Sony Pictures is inspiring much more urgent interest from Congressional lawmakers about cybersecurity legislation, including legal protections for companies that exchange cyberthreat information with the government. But Robyn Greene, policy counsel for New America Foundation’s Open Technology Institute, told The Hill that “it is unlikely that information sharing would have prevented the Sony hack. Eighty to 90 percent of all attacks are the result of poor cyber hygiene and internal system monitoring.”

Minnesota lawmakers are mulling whether to legislate drones, including restricting the use of drones by law enforcement, the Associated Press' Kyle Potter reports: "Jay Stanley of the American Civil Liberties Union ... and several lawmakers suggested a handful of protections like requiring a search warrant before any drone flight, imposing limits for how long agencies can keep images and requiring law enforcement to get local government approval before buying a drone."

U.S. Senator Diane Feinstein, D-California, plans on introducing legislation to strengthen drone safety laws, Lawfare's Cody Poplin writes. The legislation would expand the moratorium on private drone use unless the FAA authorizes it, while imposing felony penalties. The bill would require a "safety certification for expansions of private drone use," Feinstein wrote to the head of the FAA.