What do I need to know about the Legal, State Law & Federal Law Fight over Net Neutrality?

State law: California which passed the strongest net nuetrality law has agreed to put its regulations on hold while the legal fights and federal regulations are revisited

The DOJ & internet service provider trade associations lawsuit against California: Also put on hold

What are they waiting to play out? 

  • February 2019 lawsuit filed by  20 states’ attorneys general along with public interest groups and private businesses filed a lawsuit against the Federal Communications Commission when it rolled back net nuetrality

What are the feds saying? our case is so strong

What is California saying? Californians can still enjoy unlimited data plans

San Francisco Chronicle | California agrees to pause net neutrality rules amid messy legal battle

 

New Report. New Cybersecurity Risk. Ports. 4 Key Points.

The report is by: maritime law firm Jones Walker LLP

What did the report find?

  • Hacks are happening at ports. 80% of large maritime industry companies (400+ employees) report cyber attack in the last year
  • Unprepared. 64% say their own companies are unprepared to handle the far-reaching business, financial, regulatory and public relations consequences of a data breach
    • 6% of small companies are prepared for a cyberattack (1-49 employees)
    • 19% of midsize companies are prepared (49-400 employees)
  • Not Insured.
    • ​92% small firms no cyberattack insurance
    • 69% midsize  no cyber insurance
  • Legacy Software many companies operate lagacy software that cannot be modified with cyber protections​

WaterWays Journal | Report Sounds Cybersecurity Alarm 

Legal TREND. State Attorney General Recovers $6 M for state from Data Breach. WHO. WHAT. WHERE.

WHO has to pay $5.79 Million? Uber

WHAT is the $5.79 million settlement for?

  • a breach exposed personal information, including drivers licenses for 13,000 uber drivers
  • the company waited roughly 372 days to provide notice
  • failed to notify the state attorney general within the then required 45 days
  • $170 will be awarded to each driver

WHERE: Washington State

Washington State Attorney General Office | AG DATA BREACH REPORT FINDS 3.4 MILLION WASHINGTONIANS’ PRIVACY COMPROMISED BY DATA BREACHES

Lege Trend. 4 Data Security Law Recommendations. State Attorney General.

The State Attorney General, who recommended that Washington State require breech notification when more than 500 Washingtonians are impacted, recommends the following changes to the law after data breeches increase by 26% in the last year:

  • Reduce the deadline to notify affected individuals of a breach to 30 days after the breach is discovered;
  • Require preliminary notification to the Attorney General’s Office of a breach within 10 days after the breach’s discovery; and
  • Expand the definition of personally identifiable information to include:
    • full dates of birth
    • usernames in combination with passwords
    • digital signatures
    • DNA profiles
    • other forms of biometric data
    • identification numbers from passports and other sources.

Wasington State Attorney General Office | AG DATA BREACH REPORT FINDS 3.4 MILLION WASHINGTONIANS’ PRIVACY COMPROMISED BY DATA BREACHES

Regulatory TREND. State Attorney General Annual Data Security Report.

Washington State State Attorney General annual Data Breach Report found that:

  • July 2017 to July 2018 3.4 million Washingtonians affected by data breeches
  • 26% increase
  • leading cause: mailicious cyberattack

 

What information is the satte Attorney General using in his statutorily required annual report?

  • breach notifications WA requires notice to the Attorney General when a breach impacts 500+ 

Wasington State Office of Attorney General | AG DATA BREACH REPORT FINDS 3.4 MILLION WASHINGTONIANS’ PRIVACY COMPROMISED BY DATA BREACHES

 

3 Ways Washington State is Protecting Election Security

 

  • In 2018 it passed mandatory post election audits  HB 2406 (WA | 2018)
  • Utilizing national guard during election day that also hold day jobs in the state’s largest cyber security companies
  • Requires voting vendors to disclose breaches of their equipmen.

 

Tech republic | State of Washington has new laws and the Air National Guard to help secure 2018 midterm election

Texas State Agency. 2nd Largest Health Care Data Breach in US for 2018. What you need to know:

What agency is involved? Employee Retirement System of Texas

What was the data breach? Personal health information data for other individuals was accessible when a person was logged into the agency portal

When did ERS receive notification? August 17 2018

How many people were impacted? nearly 1.25 million individuals

When did ERS report the incident?  reported to the U.S. Department of Health and Human Services as a “unauthorized access/disclosure” health data breach on October 15th

Gov Info Security | Texas Retirement Agency Portal Breach Affects 1.25 Million

Health IT Security | ERS Online Coding Error Exposes 1.25M Users to Health Data Breach

5 Points. Apple Desired Information Privacy Law.

 

  • tech companies should de-identify customer data or not collect customer data
  • comprehensive federal law is necessary
    • why? tech companies that collect a lot of data are basically spies
  • people should have a right in their data, and a right to have that data minimized
  • consumers must be told what data is being collected & why
  • the data belongs to the users and users (consumers) should always have access to it

The gold standard law: GDPR in the EU

Ars Technica | Tim Cook Calls for Strong US Privacy law, rips “data industrial complex”

Marketing Land | Report: Apple expected to say GDPR a model for US privacy regulation