Category Archives: regulatory trend

Lege TREND. Election Hacking. Low Rates of Voting in a Specific Statewide Race.

Georgia uses exclusively paperless ballots. The November 2018 election produced high numbers of people not voting for Lt. Governor.

A lawsuit seeks to invalidate that race due to the low voting numbers in that specific race and calling for forensic examination of the electronic voting machines.

Politico | Another Georgia voting kerfuffle

Regulatory TREND. State Agency Data Security Requirements for Student DATA. Civil Liability Education Vendors.

New York Department of Education is proposing new rules  that will:

  • Parent’s Bill of Rights applicable to 3rd party vendors and setting standards on disclosing student data
  • The National Institute for Standards and Technology Cybersecurity Framework (“NIST CSF”)
  • Annual training for school district employees
  • A Data Protection Officer in every school
  • Notice of a school data breach must be given to the Department of Education within 10 days
  • Civil Penalties that accrue per individual affected…

Regulatory TREND. Report on Election Security in the Keystone State. 5 Recommendations.

  • Use risk limiting audits for elections and voting practices
  • replace direct recording electronic systems with systems using voter-marked paper ballots 
  • No unfounded mandates for local election officials
  • train local and state election officials on cyber security
  • establish statewide cybersecurity practices

Blue Ribbon Commission on Pennsylvania Election Security (January 2019)

New Report. Key to State Data Security is Procurement.

Why is procurement key?

  • Procurement contracts can set the tone for state data security standards

  • Telecom infratructure is key to data security

  • States should offensively say what the data standards are, rather than what cannot be done

  • Private-public cooperation is the key for leading global solutions

  • Strengthen cyber security workforces

  • Contracted cloud solutions can fill in when funding does not exist for state data security experts

 

The Kosciuszko Institute| CYBE…

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…

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…

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. 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?