[ RadSafe ] NYC permitting of detectors: Current Status

[Steven Dapra]

Feb. 9

         None of these links provide up-to-date developments, however they 
may provide useful background.

         This is from a blog for professors of First Amendment law.   The 
title is "NYC Sensor Licensing Proposal Could Raise First Amendment 
Questions," dated Feb. 2. 
http://lawprofessors.typepad.com/firstamendment/2008/02/nyc-sensor-lice.html.

         The First Amendment blog links to an Jan. 30 editorial page 
article in the NY Times by three research scientists at Columbia's 
Lamont-Doherty Earth Observatory who raise some questions about the 
proposed law.
http://www.nytimes.com/2008/01/30/opinion/30omullan.html?_r=1&scp=1&sq=sensor&st=nyt&oref=slogin.

         It also links to a letter from the American Industrial Hygiene 
Association to NYC mayor Michael Bloomberg pointing out some of the 
shortcomings of the proposed law. 
http://www.aiha.org/1documents/governmentaffairs/NY-BloombergLetter-01-18-08.pdf

         The American Society of Safety Engineers has voiced its objections 
to the proposed law.
http://www.respondersafetyonline.com/500/News/Article/False/78234/News

         According to a Jan. 9 article in the NY Daily News (quoting 
Richard Falkenrath, NYPD's deputy commissioner for counterterrorism), the 
Department of Homeland Security had contacted NYPD "some months ago" asking 
it to look into all the sensors that were "being deployed in this 
city."  (The Peter Vallone who keeps cropping up in articles about this 
proposed law is Peter Vallone Jr., of Queens.  He is the chairman of the 
Public Safety Committee.)
http://www.nydailynews.com/ny_local/2008/01/09/2008-01-09_nypd_wants_licensing_for_biological_chem.html

         Note in the last article that the DHS approached NYPD asking it to 
do something about all the detectors being deployed in NYC.  I wonder why 
DHS approached NYPD?  (Perhaps because Sept. 11 led to a marked 
proliferation of detectors from citizens interested in measuring airborne 
dust after the collapse of the World Trade Center 
buildings.)  Nevertheless, in principle there are other large cities that 
could have been approached.  Have any of them been approached about 
regulating detectors?

I wonder if DHS decided that if it could ram this thing through in NYC that 
it could ram it through anywhere.  That is, is New York City being made 
into a test city in the Department of Homeland Security's possible 
determination to instigate a vast increase in its regulatory grasp?  And 
how clever of DHS to partially hide behind NYPD and the City Council, 
letting them catch all the flak, while DHS sits back and watches, and 
evaluates the amount of the opposition, and its ability to oppose the DHS's 
bright idea.

Steven Dapra


At 04:31 PM 2/9/08 -0600, Dan W McCarn wrote:

>Hi All:
>
>Is there any new word out concerning the New York City Council proposed
>licensing of instruments?
>
>Dan