Legislating. Regulating. Information the Vehicles Store.

On the horizon is rulemaking to make cars talk to each other. Cars will transfer information about how the car is moving and where it is, that gives rise to these legislative and regulatory questions?

  • Can the data stored or transmitted by cars be used in tort litigation?
  • Can the data stored or transmitted by cars be used in any litigation?
  • Do data breach standards apply of this information is hacked?

The future is here. U.S. Department of Transportation is proposing new rules to require…

1 Byte. Why Data Security Extends Beyond Computers.

The U.S. Air Force forewarns that data security is more than computers. Its networked mechanics and platforms.

There’s even handy jargon sure to catch on- operationalize cyber security.

Sound familiar? Sounds likeutilize medical equipment that transmits information, or dolls that contain information about children, or your Fitbit.

Defense Systems | Air Force: Cyber security extends beyond IT

3 Ways State Attorney Generals Play a Role in State Data Security Legislation

  • 23 of the 47 states that have data breach laws require the state Attorney General to be notified
  • State Attorney Generals litigate data breaches
    • in Texas, the Attorney General reached a settlement with Paypal app, Venmo, for $175,000 requiring the company to “improve disclosures regarding security and privacy”
  • many state Attorney Generals set policy like hio Attorney General who launched, CyberOhio

Lexology | McGuirre Woods | In Data Privacy, Don’t Forget the State Attorneys General

Holiday Gifts = Data Security Threat. Welcome to legislating gift giving.

The gift: talking dolls

The data security threat: The dolls record, without consent, children’s voices and saves the voices.

The laws and rules at issue both federal and state: Deceptive Trade Practices Act. Federally enforced by the FTC, and by the AG in Texas. 

Wallstreet Journal | Talking Dolls Pose Privacy Risk to Children, Advocacy Groups Allege

Data Security Pops Up in Self Driving Car Regulations. The Key Intel:

What’s missing from self driving car regulations? Assurances that governmental agencies aren’t trying to gather data.

What type of data could be collected about a self driving car?

  • identifying information including:
    • names,
    • phone numbers
    • credit card info
    • usage data
    • real-time and historic geolocation data

The legislative/policy/regulatory buzz word? Privacy.

Tech Crunch | Lyft wants more explicit protection of consumer data from NHTSA on self-driving

Policy Consideration: Ethical to Purchase Data Breach Information?

Can a business buy a list of breached users from another business for the purpose of notifying the hacked users?

uh, what? Facebook wants to buy a list of hacked users from another comapny so it can don the white hat and tell its members they were hacked.

For your consideration while legislatures consider how to protect consumers whose information has been hacked. Anyone for a prohibition on the sale of the hacked information?

CSO | Security experts divided on ethics of Facebook’s…

Legislation Protecting White Hat Hackers.

The flaw in cybersecurity law: Not modernizing the law to address white hat hackers

The  goals of the legislative fixes: 

  • legislation more friendly to legitimate research
  • by improving relationship improves between white-hat hackers & the owners of the products they investigate

The legislative fixes:

  • The research by white hat hackers has to be for security purposes only.
  • The exemption covers consumer devices, voting machines, medical devices, but not things like critical…