SEC, FINRA and the U.S. Senate Prepare for Cyberattacks in 2015

Two major government agencies have issued reports addressing security of brokerage and advisory firms, and two U.S. Senators have declared their intention to expand cyber-security laws into automobiles.  In February, the SEC released two major publications (here and here) regarding risks for brokerage and advisory firms, as well as adjusters.  The Financial Industry Regulation Authority (FINRA), a private corporation managed by financial industry insiders and billed as the self-appointed “regulator” for NYSE and NASDAQ, has issued a report to assist broker-dealer firms with… Continue Reading

Third Circuit Reviews FTC’s Authority To Enforce An “Unreasonable Failure” To Protect Against A Cyber Attack

Today, the Third Circuit heard oral argument in a case that may have a profound impact on the Federal Trade Commission’s enforcement authority over corporate cybersecurity.  The question presented to the Court of Appeals is whether the FTC can pursue an enforcement action against a company under Section 5 of the FTC Act if the FTC believes that a cyber-hack occurred due to the company’s “unreasonable failure” to protect consumer data. The FTC alleges that Wyndham Worldwide did not “employ reasonable and appropriate measures to… Continue Reading

NYDFS to Conduct Annual Cyber Assessments on NY Regulated Banks

Governor Andrew Cuomo of New York announced on May 6, 2014 that the New York State Department of Financial Services (NYDFS) would begin conducting “new, regular, targeted cyber security preparedness assessments of the banks [NYDFS] regulates.”  Governor Cuomo noted, Targeted cyber security assessments for banks will better safeguard financial institutions from attacks and secure personal bank records from being breached. When consumers sign up for online banking they expect their personal information to be secure and we are working to make sure financial institutions take… Continue Reading

More Credit Card Security On the Way

There has been a spike in the number of reported credit card breaches in recent days, including the most well-known of them all, Target, which led to the eventual resignation of its Chief Information Officer. Now, the California Department of Motor Vehicles has reportedly experienced a possible breach of its online payment system. It has become clear that the current security measures are insufficient to protect consumers and the corporate entities catering to the credit card consumer. In this regard, both Visa and MasterCard have… Continue Reading