- Timely. All 6 US Senators running for President in 2020 are cosponsors of cybsercurity legislation
- History of federal Action. Standardizing cybersecurity practices at the federal level is difficult
- Agency infighting is creating disparate standards
- State Success. State leaders have pushed legislative success to protect its citizens like:
- TX, IL, WA and MA protecting biometric data
- OH liability protection law
- CA version of GDPR
Category Archives: regulatory enforcement
State Cyber Awareness Standards in the Silver State Legislature
Nevada is considering Senate Bill 69 (NV | 2019) which will:
- Establish October as Cyber Security Awareness Month
- Clarifies that eh Governor can call in the National Guard for Cyber Incidents
3News | Cybersecurity, human trafficking among issues before Legislature this week
Lege TREND. Public Private Cyber WorkForce Exchange
WHAT: Cyber Security Exchange Act,”
Bipartisan? Yes, Senators Thune (R) & Klobuchar (D)
How does the Cyber security Exchange work?
- create an exchange program between the federal government and private firms
- to bring more cybersecurity expertise to the federal workforce
- The program would allow for a 2 year tours of duty with the federal government
The Hill | Bipartisan bill would create public-private cyber workforce exchange
Lege TREND. New Penalties for Companies & Executives. Visions of Orange & Stripes.
Jail time is being added to the list of potential penalties in data breaches. Under the proposal the FTC could impose fines on companies and could also impose criminal penalties on executives.
The impetus for this bill? Facebook
Government Technology | Oregon’s Wyden Pitches Jail Time for Breaches
3 Ways States Benefit from a State Data Officer.
- data helps create more efficient permitting processes
- CT allows local governments to get occupational licensing data directly form the state
- overdose data helps first responders and hospitals prepare for epidemics
- Prevent fraud
- IN adopted its Indiana’s Management and Performance Hub to “integrate” data from several agencies to build custom analytics solutions.” Its addressing issues from car crashes and infant mortality to Medicaid optimization.
- TX shared data across agencies…
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…
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
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…
3 Reasons Government Help Needed to Stop Data Breaches. Businesses Are Victims Too.
- Thinking on these laws is backwards. Laws should switch from punishing coporations to realizing in data breaches, companies are most likely also victims of criminal activity
- it is not a fair framework to punish companies
- and it is not effective enforcement
- Limited cyber experts. It is impossible for “every company in America to have sufficient internal cyber expertise to manage the risk.”
- The robbery analogy. When a bank is robbed, do we blame the bank? No.
3 Reasons a State Chamber of Commerce Supported a Data Security Bill
What did the Michigan Chamber of Commerce tout as reasons to support a Data Security bill, HB 6405 (MI | 2018) that required businesses to do certain new tasks concerning data breaches:
- The Chamber likes a specific time frame to notify affected persons
- The chamber did not like phrasing, within a reasonable time
- Is ok with “reasonable mandates” on businesses
- The Chamber supports “.. a consumers’ right to know that their personal identifying information was compromised”