4 Takeaways of the Stop Hacks and Improve Electronic Data Security (SHIELD) Act

State: New York

Stop Hacks and Improve Electronic Data Security Act: NY Senate Bill S6933A (2018)

What do I need to know to sound like I know about the SHIELD Act?

  • it covers both disclosure of hacks & securing information
  • for businesses it uses the increasingly common standard of :”“reasonable safe-guards to protect the security, confidentiality and integrity” of private information.”
  • The carrot: no new causes of action are created
  • The stick: violations fall under the Deceptive Trade…

FBI Clears Data Researcher that Found 6.7 Million Voter Files. Cherokee Rose State Bill Criminalizes Data Researcher's Research.

Background: A data security researcher at a public university in Georgia discovered the personal information of 6.7 million Georgia voters unprotected online. 

The legislative Response: Gerogia’s SB 315 (2018) 

What is the legislative goal? Prevent computer snooping by requiring permission at the outset before seeking unprotecting data maintained by a government or business

What does the tech community say? Fix this bill by only criminalizing computer snooping with maiclious intent

Atlanta…

Lege TREND. Net Neutrality Bill Signed. State vs. Feds. 3 Points You need to Know to be Informed for your Tech & Internet Service Provider Clients.

  • 5 Governors have net nuetrality executive orders
  • Washington State Governor signed a Net Nuetrality Law
    •  The WA bill says providers offering service in the state cannot block or throttle legal content, & cannot offer fast-lane access to companies willing to pay extra.
  • Oregon’s Governor is expected to sign its Net Nuetrality Law
    • The OR bill prohibits state and local entities from buying internet service that blocks or throttles content
  • 25 States are considering net nuetrality bills
  • The…

Legal Trend. Ride Share + Data Breach = State Attorneys General File Suit . +1 State.

Pennsylvania Attorney General has filed suit against Uber for violating the state’s data breach notification laws.

What are the alleged violations? (Also Known As red flags for drafting data breach notification laws)

  • 13,500 Pennsylvanians were not notified in a reasonable time
  • each violation has a $1000 fine, for a total of $13.5 Million

What ogther circumstances did the Attorney General mention?

  • The company waited a year
  • intentionally hid the breach
  • contracted with hackers concerning the…

Lege & Contracting TREND. +1 Western State Sends Net Neutrality Bill to its Governor. 3 Points from the Bill.

State: Oregon

The legislation: OR HB 4155 (2018)

What does Oregon’s HB4155 do?

  • It does not mandate net nuetrality
  • it prohibits agencies, cities and counties from using internet service that blocks or prioritizes specific content or apps
  • it does not apply in areas where there is only 1 service provider

oregon Live | Oregon Senate sends net neutrality bill to Gov. Kate Brown

Seattle Times | Net neutrality bill passes Oregon Legislature 

 

Anatomy ot the Saguaro Cactus State & Local Cybersecurity Team. Membership + 3 Goals. Build Your Own State Team via Executive Order.

Arizona Governor Ducey by Executive Order created the Arizona Cybersecurity Team (ACT).

ACT team membership: experts from state, local, and federal government, the private sector, and higher education

ACT Goals:

  • enhancing cybersecurity workforce development and education
  • increasing public awareness on cybersecurity best practices
  •  advise and provide recommendations to the governor

The ACT primer cites 4 data breaches to support its mission:

  • Texas Comptroller Data Breach
  • Utah Health Care…

Lege Trend +1 Northern State. Blockchain for Data Security + State Contracting. 3 Steps to be Informed:

State: New York

The Bills:  

  • A08780 allows contracts secured through blockchain technology + allows smart contracts to exist in commerce
  • A08792 blockchain to secure elections
  • A08793 blockchain for the security of state records

The policy support for blockchain:

  •  safer bet for state and local government records and contracts
  • benefits to state and local governments
  • tool for increasing accountability and transparency

State Tech | New York Targets Blockchain for Voter Security, Smart…

Red State Bill. Protecting Health Care Data in its Data Security Laws. Read the bill Text. Be informed.

Iowa’s Attorney General is supporting House Study Bill 526 (2018)  which adds the following health care information to the state’s data breach statute:

  • medical records, physical and mental health
    • including treatment & diagnosis
  • health insurance information

Any other requirements in House Study Bill 526 (2018) ?

  • 45 day notification requirement
  • 128-bit data encryption requirement
  • Notification to the state if written notification to more than 500 consumers in the state is required by a…

+1 Southern State. Free Credit Report Freezes & Thaws. Read the Bills & the loyal opposition.

Florida legislature is considering SB 1302 and HB 953  that will end fees for freezing or unfreezing a credit report.

The bills make no other changes to credit reporting entities.

The opposition, the “Consumer Data Industry Association,” opposes bills that removes all fees from credit freezes.

Palm Beach Post | Florida considers ending fee to freeze credit as Equifax leads gripes

 

Lege Trend. 8 States. Net neutrality bills.

The states looking to add net nuetrality requirements: North Carolina, Illinois, California, New York, Massachusetts, Nebraska, Rhode Island and Washington

4 policy goals of net nuetrality:

  •  A level playing field for all online services that prohibits internet providers to block or slow down sites or online services
  •  Ensure consumers find the content of the choice
  • Maintain broad access to online services and information
  • Protect businesses, large and small, from having to pay fees to reach…