Monthly Archives: January 2016

Model Health Care Data Security legislation. 3 Key Elements.

  • A limited time healthcare industry cybersecurity task force
  • The taskforce includes cybersecurity experts and healthcare stakeholders
  • The charge to the task force:
    • analyse the cybersecurity risks facing health care
    • recommend ‘actionable cyber threat indicators & defensive measures

The legislation people are looking to: Congress cyber security legislation.

The Global Legal post | Healthcare sector suffers chronic data breaches

 

New Legal Trend. Suing the Company Hired to Stop the breach. 2 Take Aways for Government Procurement for Data Security Services.

What‘s happening? Affinity Gmaing, owners of 11 casinos, is suing the company it hired to contain a data breach.

How is this relevant to Texas government? Pay close attention to the enforcement actions and lawsuits that emerge from the federal government OPM data breach in which the company hired for remediation.

Why is this important? the laws related to data security are chaning at lightening fast speed. Faster than a lobbyist can walk, and on a very complex, technical topic which…

Trend: Financial Regulators Target Security. 3 Trends.

The SEC is getting tough on data security. State financial agencies likely to follow suit. Here’s what’s happening:

  • Enforcement actions against companies with weak security protocols
  • The SEC expects financial firms to have security planning in place before a hack
  • Periodic risk assessments and encryption are key

Financial Times | Securities and Exchange Commission gets tough on cyber security

INTERIM. Auto Manufacturers. Hackers. United Front. The Impact to Lege Trends and Regulatory Trends.

Why is GM embracing white hat hackers? To help identify and notify of security risks.

What’s the industry response? Just announed Detroit’s first public security vulnerability disclosure program bringing together GM and HackerOne

What’s the benefit to white hat hackers? As long as thehackers follow basic published protocols, the hackers can challenge security without legal repercussions.

So, its creating charitable immunity for white hat hackers? in contract form, yes. It allows…

INTERIM. 2 Elements of a Data Breach Response That Trigger new State Causes of Action.

What dam got hacked? Iranian hackers targeted a dam in New York. Shortly thereafter Ukranian hackers got into a power grid.

What type of hack triggers a state response or the creation of a new state penalty?

  • Look to whether the hackers took control of the system or just “looked around”
  • Look to whether any person was injured as a result

Just Security | Was the Cyber Attack on a Dam in New York an Armed Attack?

Lege Trend: Tech Caucus. 3 Priorities.

California Legislature has a newly formed Tech Caucus. It’s full name is the Legislative Technology and Innovation Caucus. 

One would think if any state had a tech caucus, it’d be California. Such is not the case. It was founded by the legislator pushing ride share legislation in California. 

The priorities of the fledgling tech caucus are:

  • Touting the sharing economy. 
    •  ride share, fly share, move share, house share
  • workforce training and workplace diversity
  • bring together…

Library Data. Do Cities Protect it? Do Universities? 3 Points from the Pro-Delete User Records Side.

  • The City University of new York began purging data because it believes libraries should only keep information users want
  • American Library Association doesn’t believe you are what you read and opposes law enforcement use of library records.
  • The  Library Freedom Project supports protecting web searches on public computers, encouraging libraries to operte exit nodes and Tor, a difficult to trace web browser

The Guardian | You are not what you read: librarians purge user data to protect…

INTERIM. Lege Trend. State Suffers Major Breach. Responds with 2 Step legislation.

What was the state government data breach? in 2012, South Carolina suffered a data breach that exposed records for 6 million taxpayers.

What legislative fixes have emerged from South Carolina in wake of this data breach?

  • Support agencies’ preventive measures
    •  dual-password programs
    • laptop encryption
  • Centralize cybersecurity in an office under the governor.
    •  Allows an information security director to oversee and enforce statewide standards.

Governing | 2016’s Top…

Hacking Mother Lode at the U.S. Department of Education. 5 Points to Know First. Education Contractors Be Aware.

  • Treasure Trove of Data. House Oversight Committee Chairman Jason Chaffetz (R-Utah) is warning that a hack on the Department of Education would make the OPM data breach look like child’s play
  • 1/2 of all U.S. government records are at the U.S. Department of Education
  • Bad Inspector General Report. Deficiencies in security at Department of Education were called out by a November Inspector General report
  •  An F In Security. The agency also got an F in implementing security requirements…

Data Security Meets Sharing Economy Meets Regulatory Enforcement Powers

Which state has an agency enforcement action against the sharing economy? New York’s Attorney General

Which part of the sharing economy is the NY Attorney General looking into? Ride Share

What’s the issue? Buzzfeed reported that company execuitves had access to rider locations through the ride share app

Let’s get to know what could happen in Texas, and look at what enforcement deal was worked out in NY. The settlement included:

  • a 20K fine
  • requiring ride share entity to adopt a data…