Category Archives: legislative trend

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

Attorney General. Data Broker Law. To write your states law with Business Guidance.

IN 2018, Vermont became the first state to regulate data brokers.

What is a data broker? 

  • A business that
  • knowingly collects and sells or licenses to third parties
  • brokered personal information of a consumer
  • with whom the business does not have a direct relationship

What business guidance did the Vermont Attorney General offer?

  • If Vermont courts do not have jurisdiction, then this law does not apply to a business
  • Does it establish an opt out requirement for consumers? no
  • Will businesses…

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. State passes Equifax Fix. State Attorney General Proposes More Fixes. 2 Key Points.

In 2018, Vermont passed a data breach notification bill to address the Equifax data breach.

Vermont’s Attorney General is Recommending the following additional legislative fixes:

  • Create a new statewide office, Chief Privacy Officer,  charged with ensuring the state establishes best practices for handling Vermonters’ personal information
    • the position would advocate for additional privacy protections for citizens & hear concerns
  • Stronger protections for student data by educational…

Lege TREND. State wants to save costs. Move to Digital Records. Procurement Opportunity.

New Jersey is looking to save costs by moving to exclusively digital records, making the state government paperless. 

The caveat: data security risks

What was the legislative plan to get to a paperless NJ state government?

  • The Govenror made it a goal for his administration
  • Legislation creates a task force to make recommendations and suggestionts to address concerns, like data security
  • Task Force 15 person membership includes:
    • secretary of state
    • state treasurer
    • director of the New…

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

Lege TREND. Experts speak. What should an ideal data security law look like? 9 quick points

According to lawyers wirting in the Harvard Business Review, a data security regulatory system should:

  • focusing more on systemic ways to address cyber threat
  • not treat businesses punitively 
  • require the federal government to take a more active role in cyber defense
  • require the federal government to share cybersecuity knowledge with the private sector
  • require agencies to “issue pragmatic, cost-effective operational guidance to companies on how to defend against evolving risks”
  • incentivizing…