Lege Meet Legal Trend: Hacking Laws. Define Data Ownership Like This.

The 9th Circuit Court of Appeals is wrangling over wording in an anti-hacking statute.

What legislative craft became legal fodder? Whether a law that prevents hacking can be applied against a business.

Why does this matter to your clients? Businesses want to protect the data they retain and the data their customers have on their websites and computers. But, who owns that data?

Why does this matter in Texas? Data storage facilities in Texas, like the large Facebook data storage open…

Lege Trend: Exempt Government and Telecoms from Data Security Legislation

Australia is re-writing its data security laws. A draft proposal includes exemptions from notification requirements for governmental entities and telecommunications companies. 

Australia’s Draft Data Security Legislation 

The Guardian | Telcos and security agencies exempted from data breach rules in draft bill

Lege Trend: State Budget to Boost Data Security

Where? Virgina

What budget provisions are boosting data security? Governor McAuliffe says the state’s budget will include education investments for cybersecurity, including:

  • scholarships for students who agree to serve two years of public service in the cybersecurity workforce after graduation
  • increased cybersecurity training in high school including:
    • new virtual, secure platform to enhance student cyber skills
    • providing training on cyberattack detection and defense
    • developing…

INTERIM Lege Trend: State Proposes 6 Data Security Standards for Businesses.

New York Legislature, at the behest of its Attorney General, is strengthening its data security laws. 

Assembly Bill 6866 adds new data to protection requirements and increases penalties.

This bill creates these standards that establish compliance with the law for businesses:

  • a business that protects data more than the law requires
  • a business that complies with Gramm-Leach-Bliley Act
  • a business that meets international standards for information security
  • a business that complies with…

INTERIM Lege Trend: State Data Security Laws. Upstate Ups the Ante on Health Care & Biometric Data. More fines for More companies.

New York Legislature is considering stronger data security laws which would:

  • increase penalties against companies from $150,000 to $1,000,000
  • in addition to current required protected information of  Social Security, driver’s license and credit card numbers, this bill would require protection of biometrics like fingerprints
  • user names, email addresses, securty questions and answers
  • health information protected under HIPPA
  • establishes reasonable safeguards for business
  • establishes…

Data Security Meets Bond Ratings. See How it will impact Texas.

Moody’s is warning that its ratings analysis will include cybersecurity.

Moody’s big picutre cybsersecurity:

  • cyber defense
  • cyber detection
  • cyber prevention and response

Moody’s specific analysis will include:

  • Nature of the affected assets or businesses 
  • Duration of service disruption and expected time to restore
  • Scope of the affected assets or businesses 

Why does this matter to Texas? Every state entity and local governmental entity that issues bonds will be impacted.

Think…

INTERIM: Data Breach. Kid data and pictures hacked.

VTech, a manufacturer of electronic educational gadgets for kids, has been hacked.

Hackers took:

  • headshots of kids & parents
  • chat logs
  • audio files of kids
  • names of kids & parents
  • email addresses
  • home addresses
  • birthdays

Remedies:

  • A hacker contacted a tech company to expose VTECH’s unsecured data storage.
  • VTECH took down their portals that allowed for data storage until a resolution can be reached.

Motherboard | Hacker Obtained Children’s Headshots and Chatlogs From Toymaker…

Lege Trend: Power Grid + Data Security. 5 Rationals. 4 Solutions.

Congress is working to secure the nation’s power grid because the power grid is facing a major cyberattack because:

  • the power ” industry’s digital defenses are dangerously lagging and underfunded
  • energy companies are “scrambling to play catch-up”
  • energy companies  are ” leaving the all-important power grid exposed to hackers”
  • “the industry isn’t fully prepared to stymie sophisticated hackers.”
  • “In 2014, the energy sector was the most targeted of the nation’s critical…

How 1 Health Insurer Responded to a Class Action Data Breach Suit Affecting 80 Million

Anthem Inc. responded to a class action lawsuit concerning a data breach affecting 80 million by focusing on the 1 hot botton issue legislatures and regulators are focusing on:

whether the person whose personal information was hacked suffered any actual damages

Why is this response from Anthem important? Because courts, legislatures, and regulators have come down on all sides of whether actual damages is required in a data breach suit.

Anthem also provided all 80 million customers with 2…