Anatomy of an "Aggressive" Cybersecurity Measure by the Razorbacks

Where: Arkansas

The legislation: Senate Bill 632 (2019 | AR)

What does SB632 do?

  • Creates the Cyber Initiative
  • Housed within the Economic Development Commission
  • mitigate the cyber-risks to Arkansas
  • increase education relative to threats and defense
  • provide the public and private sectors with threat assessments and other intelligence
  • foster growth and development around tech, IT and defense
  • create a “cyber alliance” made up of partnerships with a variety of insitutitions like…

Regulatory TREND. What do I need to know about Active Cyber Defense?

Active Cyber Defense uses private sector cyber bounty hunters and hackers  to protect critical infrastructure.

Who is behind this concept?

  • An Atlantic Council report,
  • by, Frank Kramer, Assistant Secretary for International Security Affairs for the Clinton administration
  • and by, Bob Butler, Deputy Assistant Secretary for Space and Cyber in the Obama administration

How would this private sector system work?  the private sector hackser would be deputized  “certified active defenders” to assist…

Business TREND. 3 Ways Tech Business Spin Data Privacy/Data Security

  • Facebook
    • The future is private
    • We will make your information private
  • Google
    • What you get in return is more valuale
    • We make it wasier for you to navigate the world, so its all ok
  • Microsoft
    • We can make your elections safer
    • “privacy is a human right”

What do they say to legislators? Trust US

What do they say to consumers? We won’t misues your data, AKA trust us

What are they saying to investors? There won’t be any regulations, trust us, returns will be great still

Fast Company…

Lege TREND. 3 Ways Tech Companies Lobbying Against Data Privacy laws

 

  • Carving out exceptions to the  California Consumer Privacy Act
    • The message: “addressing workability issues from a business compliance standpoint, to strengthening the law from a consumer and privacy protection standpoint”
  • Coalition of business entities including:
    • Internet Association
    • TechNet
    • Consumer Technology Association
    • Chamber of Commerce
    • Large Tech Companies
    • Wireless Association,
  • Plausible Deniability
    • Tech Companies and associations are not attending technical…

Lege TREND. Bill lets Texas Sue Social Media.

What? SB 2373 (2019 | TX) 

What legal challenges would be allowed? Deceptive Trade Practices Act challenges

What does this mean? Know those press releases from the Attorney General Office about how much its collected in fines (hint: it is A LOT). Yes, it means business fines.

Texas Tribune | Texas bill would allow state to sue social media companies like Facebook and Twitter over free speech

Business TREND. Industry Calls for First Amendment Rules with Data Privacy Rules.

Who: Facebook

What does Facebook want? It wants to know the rules of the game for political speech and the Constitution

Why? The government rather than a private comapny, like facebook shuld detemrine constitutional limitations

Variety | Facebook’s Mark Zuckerberg Says ‘We Need New Rules’ Regulating Political Speech

Lege TREND. Tort Actions in Personal Information Data Breaches

California’s SB 561 (CA | 2019)  would allow individuals to bring suit against a company for a data breach that includes their personal information.

The caveat: companies would have to have failed to provide reasonable security precautions.

Insurance Journal | California Bills Would Add More Punch to Consumer Data Protection Law

Lege TREND. Procurement TREND. State Officials Push Back Against State Contract Monitoring Software. 3 Bits Informed Intel.

What legislative provisions are getting push back from state data officials? require government contractors to install monitoring software

Is there a national group pushing back on this lobbying effort? National Association of State Chief Information Officers issued a statement opposing the bills

What is the opposition? It puts citizen information at risk

How many states have seen this language? 23

State Scoop | Nationwide lobbying push for contractor monitoring software alarms state CIOs