3 Ways States Benefit from a State Data Officer.

 

  • data helps create more efficient permitting processes
    • CT allows local governments to get occupational licensing data directly form the state
  • overdose data helps first responders and hospitals prepare for epidemics
  • Prevent fraud 
    • IN adopted its Indiana’s Management and Performance Hub to “integrate” data from several agencies to build custom analytics solutions.” Its addressing issues from car crashes and infant mortality to Medicaid optimization.
    • TX shared data across agencies…

Lege TREND. Business Email Protections.

Why is statutorily protecting business email correspondence increasingly important to law makers?

Data.

What does the FBI data say about business email hacking?

  • 136% increase in identified global losses between December 2016 and May 2018
  • losses from business email total  $12.5 billio

Are there other terms I need to watch for in legislation/from clients?

  • cyber-enabled financial fraud

National Law Review | Privacy and Cybersecurity Issues to Watch in 2019

Legal TREND. Cities Suing Tech Companies Over Location Data Gathering.

Los Angeles City Attorney filed suit against the Weather Channel App for not properly disclosing that the app retains user location data.

Where would I see this in legislation? in fraud, deceptive trade practices, competititve practices, cybersecurity bills that protect geolocation

Engadget | LA sues Weather Channel app owner over ‘fraudulent’ data use

Lege TREND. State Control over Local Government Cyber Security. Read the Bill.

 Senate Bill 2110 (2019 | ND) would give a North Dakota state agency, Information Technology Department, the power to:

  •  “advise, oversee and regulate cybersecurity strategy” for:
    • state agencies
    • higher education
    • cities
    • counties
    • school districts

What’s the state argument for a unified cybersecurity approach? the local govenrments and entities are connected at some point to a state network

Local government support? Yes, the North Dakota League of Cities supports the initiative because…

Refresher: Legislative Draft. Business Safe Harbor. Cybersecurity state legislation.

Ohio was the first state to create a safe harbor for business in its 2018 cybersecurity legislation. SB220 (OH | 2018)

How did Ohio craft its liability protection for businesses? A business has to do 1 of these:

(1) Create, maintain, and comply with a written
cybersecurity program that contains administrative, technical,
and physical safeguards for the protection of personal
information and that reasonably conforms to an industry
recognized cybersecurity framework, as described in…

Lege TREND. Top Data Security State Legislation in 2019.

  • California Privacy Act.  Will other states replicate it? Is it the US solution for GDPR?
  • Federal Preemption. Will Congress pass federal data breach notification standards?
  • Data Privacy Requirements for Internet of Things.  Privacy standards for your home thermostat, etc… See California’s SB 327 (2018)
  • Will small businesses get a carve out bill? See S770 (115th Congress)
  • Federal Preemption of Data Encryption Standards for Business

Sc Media | Top cybersecurity legislation of 2019

3 Reasons Government Help Needed to Stop Data Breaches. Businesses Are Victims Too.

 

  • Thinking on these laws is backwards. Laws should switch from punishing coporations to realizing in data breaches, companies are most likely also victims of criminal activity
    • it is not a fair framework to punish companies
    • and it is not effective enforcement
  • Limited cyber experts. It is impossible for “every company in America to have sufficient internal cyber expertise to manage the risk.”
  • The robbery analogy. When a bank is robbed, do we blame the bank? No.

Harvard Business Review…

Should cyber security bills include "fake news"?

Stanford researchers and other professors looking at this federal definition of cybersecurity:

Prevention of damage to, protection of, and restoration of computers, electronic communications systems, electronic communications services, wire communication, and electronic communication, including information contained therein, to ensure its availability, integrity, authentication, confidentiality, and nonrepudiation

think that the definition is outdated and needs to reflect the use of…

Lege TREND. Anatomy of a BlockChain Task Force.

The New Jersey Senate passed a Block Chain Task Force bill S2297 (NJ |2018) that will determine whether:

  • NJ should be using Blockchain technology to modernize government systems
  • it would safeguard personal data is good for NJ
  • if it would help with service delivery
  • whether it would be good for local governments

Touted benefits of blockchain/distributed ledger storage? could also help safeguard government systems from cyber-security attacks

Insider NJ | Kean/Beach Blockchain Task Force…