Category Archives: private corporations

Lege Trend. +1 State Broad Data Privacy Legislation

Washington State is considering SB 5376 and HB 1854 (WA | 2019) will:

  • Consumer Access to data collected on them
  • Consumers can delete data collected on them
  • Consumers can correct their data
  • Consumers can restrict access to their data
  • Consumers can get a copy of their data
  • Consumers can object to their data for marketing
  • No profiling based on data
  • Comapnies collecting data have 30 days to respond to consumer requests, with an extention of an additional 60 days for voluminous requests

The…

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. Fake Constituent Written Suport.

The allegations of fake constitutent support:

  • Comments to the FCC over net nuetrality rules
  • Of 20 million comments, almost 50% were provided without consent

The investigations:

  • FBI issuing subpoenas
  •  New York Attorney General with support of Attorneys General of Massachusettes and the District of Columbia

Targets of the subpoenas:

  • 14 organizations
  • 11 of which are either politically conservative or related to the telecommunications industry and opposed net neutrality, and three of which…

4 Reasons State Cybersecurity Laws Beat Federal Cybersecurity Laws.

  • More attention at the state level. States have been targets of hackers and that fuels their regulatory structures
  • Agility. States can respond more quickly legislatively
  • More to Lose. States are closer to local level data breaches and are as impacted by local breaches
  • Business Accountability State resources also support businesses that have been impacted by hackers

 

Baltimore Post Examiner | Why is State Cybersecurity better than Federal Cybersecurity?

Lege TREND. State Cyber Law Enforcement and Protections. Anatomy of a Bill + Benefits to Cities.

HB 747 (2018 | OH) will estalish the Ohio Cyber Reserve to protect Ohioans from cyber terrorists.

Authors tout that the Reserve will also help cities with cyber inititatives.

How many aspects of cybersecurity will the reserve have its fingers in?

  • election security
  • local governments
  • critical infrastructure
  • businesses

Like the national guard, the reserve will act by Governor action.

Fox 8 | Ohio House passes bill to establish cybersecurity team

Government Technology | Ohio House Passes…

Legal & Lege TREND. Employer Liability. Employee Data.

The Pennsylvania Supreme Court has ruled that employers have a duty to protect employees from cyberattacks by setting:

  • Employer Duty: “a legal duty to exercise reasonable care to safeguard”
  • Remedy: a recovery for negligent behavior under the economic loss doctrine

Dittman v. UPMC, 2018 Pa. LEXIS 6051 (Pa. Nov. 21, 2018)

White & Williams | Pennsylvania Supreme Court Holds Employers Have Duty to Protect Employee Data from Cyberattacks 

Refreshing our Recollection | 5 States. 5 Data Protection Bills. Health Care. Retailers. Notifications.

The Hill | States are leading…

Refreshing our Recollection | 3 Elements to Bitcoin Regulation

  • Caution: Conflicts of Interest.  Virtual asset trading platforms often engage in several lines of business that would be restricted or carefully monitored in a traditional trading environment.
  • Account for Abusive Trading Behavior
  • Consumer Protetctions needed

 

NY Attorney General | Virtual Markets Integrity Investigation 

Refreshing Our Recollection | Lege TREND | Blockchain Protections for Business. READ THE BILL

Ohio’s  SB 220 (2018 | OH), signed by the Governor, will establish these blockchain standards:

  • blockchain transactions are legitimized as enforceable electronic transactions
  • applies to electronic records using blockchain
  • applies to electornic signatures using blockchain
  • amends the definition of “electronic record” to include blockchain
  • amends the definition of “electronic signature” to include blockchain

SB 220 would apply to state contracting and state procurement.

Refreshing Our Recollection | Lege TREND | Liability Protection + Data Security. READ THE BILL.

Ohio’s  SB 220 (2018 | OH)

If a business’ cybersecurity procedures reasonably conform to any of these:

(a) The security requirements of the “Health Insurance Portability and Accountability Act of 1996,” as set forth in 45 CFR Part 164 Subpart C;

(b) Title V of the “Gramm-Leach-Bliley Act of 1999,” Public Law 106-102, as amended;
(c) The “Federal Information Security Modernization Act of 2014,” Public Law 113-283;
(d) The “Health Information Technology for Economic and Clinical Health Act,”…