Category Archives: Legislation

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April Brings Showers … and Changes to State Data Breach Notification Laws

Over the past few weeks there have been noteworthy changes to data breach notification acts within several states. Of importance, New Mexico enacted its first notification law while Tennessee and Virginia amended existing legislation. New Mexico On April 6, 2017 New Mexico enacted HB 15, the Data Breach Notification Act, making it the 48th state to pass a notification law. The Act goes into effect on June 16, 2017, leaving Alabama and South Dakota as the only states without notification requirements. The Act, drawing…

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US Capitol

CISA Passes as Part of Omnibus Spending Bill

Congress recently passed the Cybersecurity Information Sharing Act of 2015 (CISA) as part of Division N of H.R. 2029, Public Law 114-113 the Consolidated Appropriations Act, 2016, (CAA). As previously reported, on October 27, 2015 the United States Senate passed a different version of CISA, S.754, which without requiring such information sharing, would create a system for federal, state and local agencies to receive threat information from private companies in real time and for the private sector to receive such information in addition and as…

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US Capitol

Controversial Cybersecurity Information Sharing Act Passes Senate, Will Likely Become Law

On October 27, 2015, the United States Senate passed S.754, the Cybersecurity Information Sharing Act (CISA or the Act) 74-21. Without requiring such information sharing, CISA would create a system for federal agencies to receive threat information from private companies in real time. However, the bill is not without controversy. As we discussed in August the Department of Homeland Security raised concerns in July and August that the “real time collaboration” requirement in CISA would not permit them to scrub personal information…

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Data Protection

DHS – “Privacy Problems with CISA”

The Senate is expected to begin debate this week on S.754, the Cybersecurity Information Sharing Act (CISA) and at least one government agency is raising privacy and civil liberties concerns with respect to this legislation. Specifically, the Department of Homeland Security (DHS) is concerned that the desire to share information in real time could prevent it from scrubbing the data to erase personal identifiable information or other private information contained in the data. The primary purpose of CISA is to encourage the sharing of cyber…

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Federal Cyber Legislation – Hurry Up and Wait

Despite the increasing number of data breaches, legislation to address this issue at the Federal level is at a standstill (or close to it). As has been noted in a variety of venues, currently, there is no comprehensive federal law to deal with data breaches. The federal law that does exist is centered on privacy issues for specific industries, e.g., Health Information Portability and Accountability Act (HIPAA) for health information and the Gramm-Leach Bliley Act (GLB) for financial information. While most states and the…

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New Federal Cybersecurity Legislation and Regulations Proposed in Washington DC

This week, new legislation and regulations have been proposed to address cybersecurity concerns in new automobiles and the nation’s Bulk Electric System. On Tuesday, Senators Edward J. Markey (MA) and Richard Blumenthal (CT) introduced new legislation to address the hacking risks associated with “connected vehicles.”  The Security and Privacy in Your Car Act of 2015 would mandate that sensitive software systems be isolated and additional safeguards be added “to protect consumers from security and privacy threats to their motor vehicles”.  The legislation followed a 2014…

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