Anatomy of a State Allocation of Cybersecurity Funding

Where: North Carolina

How is North Carolina proposing to allocate cybersecurity training funds?

  • skip over state institutions of higher education
  • allocate funds to a small private college

What is the higher education cybersecurity landscape in North Carolina?

  • UNC cybersecurity program is well regarded, long standing for 20+ years
  • National Security Agency and Department of Homeland Security have recognized five UNC system universities, two community colleges and Montreat as National Centers of Academic Excellence in Cyber Defense

Carolina Public Press | NC cybersecurity funds could bypass state schools, go to small college

Landscape of Data Security laws in 2019. Retreat. Retreat.

How many states considered legislation? 24

How many states enacted legislation? 3: Nevada, Illinois, and Maine

How many states created a task force instead? 5: Texas, Hawaii, Louisiana, North Dakota and Connecticut

How many states enacted legislation in 2018? 1: california

How many states pushed cybersecurity legislation to 2020? 7: Massachusetts, Minnesota, New Hampshire, New Jersey, New York, Pennsylvania, and Washington

How many states saw cybersecurity legislation fail? 7: Arizona, Florida, Kentucky, Maryland, Mississippi, Montana, and New Mexico

Stateline | States battle big tech over data privacy

Key to Cyber Security Laws: Liability Protection

Who is touting liability protection as integral to cybersecurity legislation? National Security Institute at George Mason Univeristy Antonin Scalia School of Law

Why is liability protection crucial?

  • incentivizes beneficial action by industry
  • corrects negative incentives created by liability for technical missteps that do not harm consumers
  • promotes sharing of security issues and solutions

National Security Institute at George Mason Univeristy Antonin Scalia School of Law | Privacy regulation and Unintended Consequences

3 Ways HIPPA Does not Address Modern Data

Who is making the argument about HIPPA needing to adjust to modern data? Apixio Chief Technology Officer 

What 3 reasons were given as HIPPA inability to meet modern data?

  • healthcare providers cannot keep up with the threat on their own
  • HIPPA created an unequal level of protection of data as data flows
  • this is a system wide need to protect data and health agencies could benefit from insights from law enforcement and transportation agencies

Health IT Security | Healthcare Needs More than HIPAA, Legislation to Improve Security

Another Data Broker Registration Bill.

Where: Congress

What bill will require data broker registration? S2342 (116th Congress)

Which agency will oversee the registration? the FTC

How many requirements did the FTC want to place on data brokers? 3

  •  consumers unlimited access to their data, including any sensitive data
  • give consumers a reasonable level of detail to their data
  • require opt-out tools for consumers to suppress the use of their data

Are states requiring registration of data brokers? Yes, Vermont already has

National Law Review | Bill Introduced to Require Data Brokers to Register With FTC

Tech Company Opposition Arguments to Arizona’s New Data Security Law for Car Dealers

Where: Arizona

What legislation: HB 2418 (2019 | AZ) a bill about data security and motor vehicles

What arguments are tech companies making in opposition?

  • federal Constitutional preemption
  • violation of Digital Millennium Copyright Act, Copyright Act, Defend Trade Secrets Act, Computer Fraud and Abuse Act, Gramm-Leach-Bliley Act, Federal Contracts Clause and Dormant Commerce Clause

The policy tech companies do not like: Allowing 3rd parties to have access to private consumer information in the  supply dealer management 

Legal Newsline | Tech companies challenge Arizona’s new cybersecurity law

Does your State Legislature have Cyber Security Caucus? Health Care Record Hacker Briefings are a must

The U.S. Senate does.

The Senate Cybersecurity Caucus this week learned:

  • January through June 2019 285 breaches of 31.6 million health records
  • 28 % are insider threats looking at records that they should not

Politico | UNHEALTHY BREACH FIGURES